If marriage is centrally an emotional union...it becomes much harder to show why the state should concern itself with marriage any more than with friendship. Why involve the state in what amounts to the legal regulation of tenderness?
Rigorously pursued, the logic of rejecting the conjugal conception of marriage thus leads, by way of formlessness, toward pointlessness: it proposes a policy for which it can hardly explain the benefit.
The health and order of society depend on the rearing of healthy, happy, and well-integrated children. That is why law, though it may take no notice of ordinary friendships, should recognize and support marriages.
