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Prop. 8 Fix: Dump Legal 'Marriage' Altogether

Gov't could create civil unions, while marriage would be religious

By Matt Cantor,  Newser Staff

Posted Mar 16, 2009 9:11 AM CDT
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(Newser) – Confirmations, bar mitzvahs—religious institutions mark a number of rites of passage, but marriage is the only one the government has mucked with. As the heated debate over gay marriage continues, two professors ask: Why not take the government out of the equation? Officially, any couple could have a civil union, and "marriage" would be left up to one’s place of worship, Time reports in a look at the idea.

That way, all couples would be equal in the eyes of the law, receiving the same benefits, without the legal labeling. When a justice in California’s ongoing high court gay-marriage case asked about the merits of the professors’ proposal, lawyers from both sides said it would fix the key equal-protection matters at the heart of the case. Still, messing with an entrenched label like “marriage” could be sticky, particularly for already-married couples.

Supporters of gay marriage gather for a recommitment ceremony and march to the California Supreme Court building in downtown Los Angeles on Wednesday, March 4, 2009.
Supporters of gay marriage gather for a recommitment ceremony and march to the California Supreme Court building in downtown Los Angeles on Wednesday, March 4, 2009.   (AP Photo/Jason Redmond)
More than 200 other members of the gay, lesbian, bisexual and transgender community and their supporters demonstrate for gay rights at the Capitol in Sacramento, Calif., Feb. 16, 2009.
More than 200 other members of the gay, lesbian, bisexual and transgender community and their supporters demonstrate for gay rights at the Capitol in Sacramento, Calif., Feb. 16, 2009.   (AP Photo/Rich Pedroncelli)
California Supreme Court Justices walk into a courtroom in San Francisco, Thursday, March 5, 2009 before listening to arguments on the constitutionality of the state's voter-approved Proposition 8.
California Supreme Court Justices walk into a courtroom in San Francisco, Thursday, March 5, 2009 before listening to arguments on the constitutionality of the state's voter-approved Proposition 8.   (AP Photo/Paul Sakuma)
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COMMENTS
Showing 3 of 10 comments
Guest
Mar 19, 2009 1:04 AM CDT
Exactly what we thought here. There's no reason government should be involved in marriages. People can have contractual unions for pensions and child care. Religion can have marriage.
scottaco
Mar 17, 2009 6:01 AM CDT
Ban marriages!
0001tr
Mar 16, 2009 5:42 AM CDT
why not take both Government and Religion out of it...make it a legal arrangement , binding by contractual agreement to be reviewed, changed, renewed, or disolved after predetermined time period between the two parties...isn't that really where we have arrived anyway..

The lawyers' argument
San Francisco Chronicle

 
gay rights • gay marriage • marriage • civil union • marriage rights

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