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You already pulled the 'you are underestimating what it requires to arbitrate a contract' card.
*shrug*
No matter how burdensome the arbitration process is (look at divorce now for your sample), the government, under my scheme still would not license, sanction, or promote marriage, so, voters would not get a say (any more than they get now in any contract) and judges would only arbitrate the disputed contract (as they do now for many contracts).
Your little scenario is more akin to the current circumstance than anything that might spring from my scheme coming to be.
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