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Once you start codifying who can and cannot sign the contract, ugly futures start to come to mind.
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It's already codified. You can't marry your brother, sister, or 1st cousin. You also have to be a certain age, which varies state-by-state.
So saying "once you start codifying" is silly for a process that is already controlled. Also, saying "once you start codifying" when you're talking a process that is ALREADY IN PLACE makes your argument weak.
Many marriage restrictions have been removed over the years, and the country has continued on without an "ugly future." I look forward to the day when a public majority decides that gay marriage is supported. My employer, like many, already supports domestic partner benefits and I'm sure that more public support will be coming soon, especially out here in california.