jd930 wrote:Doctor wrote:
the problem with gay marriage is the problem with marriage as a whole… that it is essentially an archaic, religion based institution. If people want to get married in a church, they can abide by whatever rules their church imposes, but the state has no business getting involved in any of this.
What should be available to all people, regardless of orientation, are civil unions – those would convey all the legal rights and benefits that marriage confers.
Of course, if this idea ever goes anywhere, the wingnuts will go back to accusing gays of "destroying marriage." It should be destroyed – at least as a government-sponsored institution.
Absolutely. Does the separation of church and state ring a bell?
a few things here-
1) the california civil union law conferred upon same-sex unions the same legal rights and responsibilities as "married" couples, the only difference being straight couples got to use the word marriage; it doesn't matter in what form the couple made their vows or where the officiant proclaimed "by the power of the state of ____". i still fail to see how that distinction takes away someone's rights. i know what the california supreme court said, i simply disagree with it's reasoning.
2) there is nothing in the constitution about "separation of church and state." it's an annoying topic, but as long as people keep saying it, i'll keep responding.
3) about the ballot initiatives, i bet vansmack knows which one i would support. . .
4) all that being said, there is a significant fiduciary reason why the state should retain an interest over civil union/marriages. . .while i fundamentally agree that the state shouldn't care who makes up the union (to an extent), there are other reasons why the state must have some take on a civil union/marriage. i am willing to accept the notion that if you can find a recognized church/religious organization to oversee such a ceremony, then the state should simply accept it (i'm going to ignore the slippery slope arguments), which is just the inverse of doom's anti-religion-based screed. for all your hate, there are a lot of people out there who want familiar terms. Note- this was fixed in a pretty common sense way.
5) while there is a similar fiduciary reason as #4, the federal government should care even less about the make-up of the civil union/marriage than the state, to which matters it is appropriately before. in whatever form a civil union/marriage is accepted by the state, the same tax benefit should flow through to the federal side. yes, there's a sticky legal wicket to get through, and, as vansmack has once, ironically, accused me of is that this will likely benefit lawyers.