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FRIDAY, NOVEMBER 27, 2009
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 OPINION 
38

How Prop 8 Could Help Everyone

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(Newser) – Proposition 8 could turn out to be a win-win for everyone, “if we can stop all the shouting,” writes Douglas Kmiec, a Catholic, pro-Obama Republican law professor. The California Supreme Court’s ruling “is as inconsistent as it is incomplete,” declaring that gay couples must be given equal treatment, and that Prop 8 denies them the marriage nomenclature only. In that contradiction, Kmiec sees a solution.

The state’s attorney general, who believes Prop 8 is unconstitutional, could ask for a court order requiring that the word “marriage” be struck from the state’s laws. All couples, gay or straight, would be given civil unions. It would be up to churches, synagogues, and mosques to decide who they’re willing to "marry." “Religious freedom, a bedrock constitutional value, would also be a winner,” Kmiec concludes.

Demonstrators protest on the steps of the California Supreme Court in San Francisco, Wednesday June 3, 2009 to protest against the State Supreme Court's decision denying marriage to gay couples.
Demonstrators protest on the steps of the California Supreme Court in San Francisco, Wednesday June 3, 2009 to protest against the State Supreme Court's decision denying marriage to gay couples.   (AP Photo/Paul Sakuma)
Dozens of gay rights protesters demonstrate outside the Beverly Hills Hotel, May 27, 2009.
Dozens of gay rights protesters demonstrate outside the Beverly Hills Hotel, May 27, 2009.   (AP Photo/Damian Dovarganes)
Angela McElligott, 20, of Woodland Hills and gay marriage supporters rally in response to the California Supreme Court's ruling on Proposition 8, May 26, 2009.
Angela McElligott, 20, of Woodland Hills and gay marriage supporters rally in response to the California Supreme Court's ruling on Proposition 8, May 26, 2009.   (AP Photo/Jason Redmond)
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38 comments
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godawgs
Jun 16, 09 12:30 PM CDT
I agree with this solution totally. This way everyone gets what they want and we can move on from this issue. I hope that it is put on a ballot for public vote. Reply
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+10
IN RESPONSE:
newsrmandan
Jun 16, 09 1:02 PM CDT
Not every one gets what they want. So if gay people cant get married then it should be taken away from everyone who can. Sounds fair on paper, everyones happy except for the logic. I cant afford that house on the hill with the ocean view so lets take away the right for everybody who can. Sounds logical to me!!!!!. Only if i am gay!!
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0
IN RESPONSE:
godawgs
Jun 16, 09 2:18 PM CDT
newsrmandan it doesn't take it away from everyone. It takes the government out of what is a religious ceremony. This is good solution because you can still be married in your church, and everyone will have the same benefits and rights no matter what your sexual orientation.
Vote up! Vote down!
+9
IN RESPONSE:
shonangreg
Jun 16, 09 4:40 PM CDT
Good analysis. Governement doesn't need to get into the religious aspect. Get married in a church if you want, but the civil union is what you testify to in city hall or wherever. Gays could still get married in a participating church. ..................... Japan has something similar. Most people here get married twice: once at city hall, and then another time for the ceremony.
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+2
IN RESPONSE:
ultramarine13
Jun 17, 09 12:34 AM CDT
No, getting rid of marriage altogether simply says "We wish to deny this group of people their rights, but we don't want it to look that way so we'll deny everyone that right in order to get what we want without really looking like we did". This smells too much like a scheme by the religious right to continue denying a basic human right to a group of people. After all, we wouldn't seriously consider taking away everyone's right to vote in order to prevent blacks from voting, would we? No, but this is much the same.
Vote up! Vote down!
+1

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