Public Marriage Law

PERSONS ANDFAMILY RELATIONS
DANICA JEAN S. VACALARES
Maggie Gallagher: What is Marriage For? The Public Purposes of Marriage Law
Maggie Gallagher's concepts revolve around the notion that marriage is more than just a private
agreement between two people, but rather, it is an institution created largely for the benefit of
society. She mentioned a few public purposes of marriage law: procreation; responsible
parenthood; social stability; social costs; the protection of a child’s interests; and gender
complementarity.
Regulating procreation: according to Gallagher, the purpose of marriage law is to control

reproduction and guarantee that kids grow up in secure family settings. She thinks that to
control the effects of sexual encounters, a social institution called marriage is necessary due to
the biological fact of human reproduction. In this perspective, marriage facilitates the birth and
upbringing of children by their biological parents, who bear the ultimate responsibility for their
welfare. Marriage and procreation are linked in society to provide a stable home environment,
which is advantageous to children and society.
Responsible parenthood: the goal of marriage law is to promote responsible sexual conduct and
parenthood, especially by motivating men and women to share child-rearing responsibilities.
As noted by Gallagher, marriage encourages people to accept responsibility for the children
they bring into the world. Society encourages people to care for their children by establishing
legal and social expectations surrounding marriage, which lessens the responsibility of caring
for children born out of wedlock on the state.
Social stability: by encouraging stable, long-term monogamous marriages that form stable
families, marriage law contributes to social stability. According to Gallagher, stable marriages
help maintain social order by offering dependable frameworks for raising children, passing
down morals, and lowering social issues like poverty and crime. Strong marriages are
associated with a society that is healthier and more united.
Social cost: according to Gallagher, marriage lowers the social and economic costs of single-
parent households and dysfunctional families. Families with only one parent, especially those
formed by divorce or unwed pregnancies, may depend more on subsidies from the government.
On the other hand, marriage enhances economic stability by making families more financially
independent. Strong marriages, according to Gallagher, diminish the need for government
involvement in matters like welfare and child support.
Protection of child’s interests: Gallagher emphasizes heavily on the notion that marriage
safeguards children's interests where children have a fundamental right to know and be nurtured
by both of their biological parents. She maintains that a family with both child’s biological
parents present provides the best environment for the development of a child. Through
promoting the concept of marriage as a lifetime commitment, the law ensures that children gain
from having both parents involved in their upbringing.
Gender complementarity: the natural complementarity between men and women is

acknowledged by marriage law, especially when it comes to raising children. According to
Gallagher, having an extensive variety of roles and strengths within the family is crucial for
producing well-adjusted children. Society maintains the complementary roles of the sexes in
the family unit by promoting typical male-female marriages.
The state acts in its citizen's individual affairs, especially when it comes to marriage laws, for
several reasons related to social order and the wellbeing of adults and children. While some
argue that intimate relationships need to be kept completely private, Maggie Gallagher, thinks
that government intervention is necessary for important and united public goals.
I agree with Gallagher's logic in several areas, especially when it comes to how crucial stable,
nurturing surroundings are for children. The state has a responsibility in making sure that
families raise their children in environments that are caring and healthful, that a marriage may
support. Her reasoning, in my opinion, is unnecessarily restricted, though, since it only
considers conventional male-female marriages and assumes that these are the only examples
of stable families.
In my opinion, the function of the state should be adaptable enough to recognize and foster
different family arrangements that might offer similar stability, without unnecessarily
enforcing traditional gender norms or excluding groups from participation like same-sex
couples. To put it simply, I think Gallagher's arguments regarding the public goals of marriage
are a bit restricted and do not adequately represent the reality of modern society, especially
when it comes to equality, individuality, and the variety of family setups that exist today.
Article 1 of the Family Code defines marriage as a special contract of permanent union between
a man and a woman entered in accordance with law for the establishment of conjugal and
family life. The term "special contract" draws attention to the private, intimate, and legal
aspects of marriage. It acknowledges marriage as a lifelong commitment made by two people
to one another through a shared decision. Due to its contractual structure, marriage implies
certain rights and obligations for both parties, including loyalty, support, and cooperation.
In response to this definition, commitment is the term that most resonates with me as a member
of society. It is the fundamental basis and motivation of marriage. Without it, support, love,
and care could stop at any time. I believe that when there’s commitment, everything is possible,
and everything would last. It is the very same thing that keeps society together, our commitment
to love, our commitment to peace, unity, and harmony.

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PERSONS ANDFAMILY RELATIONS

DANICA JEAN S. VACALARES

Regulating procreation: according to Gallagher, the purpose of marriage law is to control

Gender complementarity: the natural complementarity between men and women is

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