[fr_freak]

I've heard that one of them thar clever outa-town lawyers invented this thing called a "Last Will and Testament" that clears this stuff right up.

Well, sure, but there are a huge number of matters to be settled besides who gets the money when you die. That was just one example. Would you want to have to set up a Last Will that enumerates every single facet of your life and possessions to avoid your spouse gettting screwed when you die or are incapacitated? If you miss just one small detail, some sheister could yank a right that common sense would dictate should go to the spouse. With the concept of a legally recognized spouse, all of your rights and possessions are assumed to go to your spouse without having to enumerate them.

[steve-b]

Would you want to have to set up a Last Will that enumerates every single facet of your life and possessions to avoid your spouse gettting screwed when you die or are incapacitated?

Er, the simple fact of the matter is that you have to do that anyway, especially if you have other relatives, a former spouse, etc.

[mvpel]

Therein lies the problem - common-sense has been evacuated from our civil courts.

But in any case, one could probably draft a contract between spouses that provides for sole beneficiary status without having to enumerate everything - that's what life insurance policies do, after all.

The role of government should be to uphold contracts, whether they're between a man and a women, two women, or two men.