[foldr]

Marriage also isn't technically required to get a visa for your partner in the UK, but it makes it vastly easier in practice, and is a barrier to capricious discrimination against gay couples by immigration officials.

The idea of removing marriage as a legal institution and "fixing" 101 other rules that used to depend on marriage is, as I said, pie in the sky stuff. This silly idea is great cover for homophobes. It's harmless to discuss it in the abstract, but not so much in the context of the question of whether gay people should have fundamental rights.

[skissane]

If the law says that married and unmarried couples are to be treated equally (including in immigration/visa matters), and if that law is enforced, then immigration officials will treat married and unmarried couples equally.

If immigration officials are not treating married and unmarried couples equally, that's a problem with either the law or its enforcement in practice – both of which are fixable with sufficient political will – not a problem with the principle that married and unmarried couples ought to receive identical treatment.

If the principle of equal treatment were legislated, and if that legislation were consistently enforced, what then would be the problem with abolishing state recognition of marriage (for both opposite-sex and same-sex couples equally)? I can't see how there could be any.

> You "support" gay marriage in rather a quiet and ineffective way, I'd say.

In 2017, Australia had a national postal plebiscite on the question "Should the law be changed to allow same-sex couples to marry?". (Technically called the "Australian Marriage Law Postal Survey", since by calling it a "survey" the government was able to carry it out without the permission of Parliament.) I voted "Yes". I told my friends and family I was voting "Yes". I even posted a photo of my "Yes" ballot paper on Facebook (I covered up the barcode so that I didn't spoil my vote by doing so). Over 60% of my fellow Australians voted the same way. Within a month of the result being announced, Australia's Marriage Act was changed to reflect the result of that vote. So how exactly was my support ineffective?

[foldr]

>If the law says that married and unmarried couples are to be treated equally...then immigration officials will treat married and unmarried couples equally.

In your pie in the sky world, I'm sure they will. In reality, not so much.

I deleted my point about your support being "quiet and ineffective", as I didn't have a justification for that - sorry. But I do think you are very naive in thinking that undermining the importance of marriage as a legal institution is a good way to advance rights for gay couples.

[dragonwriter]

>>If the law says that married and unmarried couples are to be treated equally (including in immigration/visa matters), and if that law is enforced, then immigration officials will treat married and unmarried couples equally.

Right. Because government agents and agencies never systematically violate equal treatment mandates.

[skissane]

In the long-run, they never do when (1) those equal treatment mandates are firmly enshrined in law, and (2) there is an effective judicial remedy for violations of that law. Cases where they do it in an ongoing manner are cases where either (1) or (2) are missing.

In the case of immigration/visas, a big problem is that (in many legal systems) most immigration/visa decisions are not judicially reviewable. (There are often exceptions for certain areas of immigration law, such as refugee status determinations and deportation proceedings, but if you are refused a visa from outside the country you usually have no legal recourse.) This means that, even if you believe you have been discriminated against on a legally prohibited ground, no court will even hear your claim.

I think that's wrong, and that should be changed. And it impacts all kinds of people; I'm sure some people get discriminated against on the basis of their sexuality when seeking visas and have no legal recourse, but plenty of people get discriminated against on other grounds – or even just get visas denied for completely inscrutable reasons (e.g. Daniel Stenberg's continual denial of a US visa) – and have no recourse either. But this is a problem which could be fixed with sufficient political will; the law could be amended to grant rights of judicial review in all visa/immigration matters.

Another point: you can say "even if the law says that married and unmarried couples should be treated equally, immigration officials will ignore/violate that law", but you can equally say "even if the law says that same-sex and opposite-sex married couples should be treated equally, immigration officials will ignore/violate that law". I don't understand how, the risk that some immigration official might discriminate against a same-sex couple is a good argument for retaining the legal recognition of marriage, since immigration officials can discriminate against same-sex couples whether marriage is a legally recognised institution or not.