Einstein,
Fair enough, and I largely agree.
Fool,
Marriage right now has limited utility because its greatest benefit to men is lower taxes, and on the other hand it is a huge gamble. A man faces a high risk for suffering the highest burden of alimony/child support payments and a loss of property in a divorce settlement etc. And while there are pre-nuptial agreements, and yes they are a huge protective measure, it is no guarantee because all it takes to nullify it is for a judge to determine that it was unfair or coerced. Divorce, however, unfairly benefits women. They are much more likely to receive alimony and child support payments and custody etc.
That is why I think marriage is currently oppressive. That said, it does not have to be that way. It is conceivable that divorce laws could be reformed to be fair, or in fact that marriage offers no legal benefits. In the case of the latter, I question why we have to legally recognize a marriage in the first place. There would only be administrative costs and no tangible return other than people's desire to be legally recognized, which is no compelling reason at all.
In the case of the former. If marriage results in lower taxes, certain legal rights over one another's person like hospital visitation, and fair divorce settlements, then the question for me is utility and whether there are alternative ways to accomplish the same thing.
As for lower taxes in marriage, it seems the only utility for this idea is to increase the availability of resources for raising children. However, a marriage tax deduction is not fair for couples with children who have decided not to marry. Moreover, it is an abuse if people can easily just marry and decide to have no children just to pay lower taxes. Increasing the available resources for people raising children with tax deductions can be fairly accomplished without marriage.
As for rights relating to one's own person like visitation rights in a hospital, that too can be accomplished by alternative means. And divorce settlements can also apply to unmarried couples who have decided to separate as a form of separation settlement, as a way to protect children etc.
It seems to me that the most compelling reason for marriage in a modern western society is to benefit children by increasing the available resources for them, because this is the sensible way to justify its unique feature of lower taxes and payments accompanied by divorce. If marriage is seen this way, then it is presently unfair and open to abuse. If marriage was reformed to accomplish the intended goal to benefit children in a way that was fair and less open to abuse, then marriage would just become an option with the same legal standing among others (like those who just wanted to raise a family with the same effective standing today as a girlfriend/boyfriend) and therefore be meaningless and not worth the administrative costs. The other benefits that marriage provides like rights to one's person can moreover be easily accomplished through other means.