Abolish it.
An article ran in the New York Times today about a topic I've thought about a fair amount: the privatization of marriage. The author argues that any couple should be able to obtain the legal rights associated with marriage, but that marriage itself should be left to churches and other religious institutions. Nothing would be stopping anyone from having a wedding ceremony, but the only portion recognized by the government would be a civil partnership granting them the same legal rights as marriage.
In effect, this really isn't any different from the situation today in that people would have the exact same legal rights. It's just that people have associations with the word "marriage", such as that it should occur between a man and a woman, and the hope is that by relegating marriage to churches will remove controversies such as gay marriage from the government. This would open up the rights allied with marriage to any two people (or more?) that wanted to enter into a legal partnership; these people wouldn't have to be romantically involved, or even living together, but would simply be in a mutual agreement that they wanted to share these rights.
Some people might argue that civil partnerships already exist, so there's really no need to privatize marriage: anybody who isn't allowed to get married can get a civil union. There's a few problems with that, one being the whole separate but equal issue, but the other that there are only a few states (California is one of them) where people in civil unions have all the same rights as people that are married. But even in the case of California, people in a domestic partnership don't have the federal rights associated with marriage. And while that might not sound like a huge deal, there are over a thousand federal marriage rights: not just icing on the cake.
So why have any form of partnerships at all? For a while I was of the opinion that the government really shouldn't have anything to do with who I'm involved with. But there's a good reason for having a legal method of verifying a committed relationship: mainly for protection, especially for the non-bread winner. Just think about it, if the person you're dependent on for food and housing suddenly decides to kick you out there's nothing much to protect you unless you have a legal document binding you to that person. Then you have a much tighter case to get that person to at least support you while you get yourself on your feet.
But the other rights associated with marriage are also important and should be available to any two people that want to make that commitment. A civil partnership could even go so far as to have a checklist, so that partners could decide on specifically what rights they want to give each other. That way, two old maids who simply want to live out their old age together can give each other medical related rights, but wouldn't necessarily receive each others social security checks. It would be up to them. And in a country that prides itself on freedom, you'd think that ability to choose would be of utmost importance.
