I think the Alabama senate has the right idea, that will fix a litany of problems.
They have proposed replacing marriage licenses with contracts.
The state would no longer issue licenses, and to be married, couples would have to make a legal contract with each other.
1) Licenses to marry are just for those the state “allows” to marry, so it is inadequate for doing anything else. Contracts can only be entered into if those involved can legally make a contract. But a contract would almost invariably include a prenuptial agreement, terms and conditions (such as monogamy), and an amiable way to divorce if necessary. Instead of the vile circus of divorce courts today, slanderous shouting matches and false accusations, such things would not matter beyond the ending of the contract and the contractual division of assets.
2) Marriage law is in tatters, but contract law is very clear, cannot be coercive, must include “consideration” which means both parties get something of value out of the deal, and there are all sorts of clauses.
3) It would put an end to “marry in haste, repent in leisure”, since it involves much more than signing a piece of paper while drunk. And contract law can make exception to “unconscionable” parts, as decided by a judge. Things like unreasonable and unfair clauses and demands.
4) It wouldn’t interfere with religious marriage at all, and contracts might even include religious clauses suggested by their religion, and still be legal.
I agree, we all need to, States that want to that is, follow Alabama’s example.