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How Prop 8 Could Help Everyone

By Kevin Spak,  Newser Staff

Posted Jun 16, 2009 12:28 PM CDT
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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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COMMENTS
Showing 3 of 28 comments
MarkFL
Jun 17, 2009 2:09 AM CDT
Dan, that has got to be the dumbest, not to mention unAmerican argument ever put forth. I recommend that you think a little bit before you speak because your commentary is just plain embarrassing.
MarkFL
Jun 17, 2009 2:07 AM CDT
Excellent. We have Conservatives and liberals agreeing here across the board! This issue and legalizing pot have reached the point now where they are just inevitable. Any day now.
Fondue
Jun 16, 2009 11:50 AM CDT
I see where you are coming from now, RobN. I still like the option presented. I don't like the idea that marriage has anything to do with laws on any level. The only thing that any government should care about when two people unify is who's name is changing to what, if at all. No tax benefit or penalty just because people are married. Well, glad you are fighting for equality.

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