Government should get out of the marriage business entirely.
Government should get out of the marriage business entirely.
Only in America could we take a battle around love and sex and family and turn it into a debate on parliamentary procedure. But there it was: Minutes after California’s Supreme Court upheld the anti-gay-marriage Prop 8, someone popped up on my TV proclaiming: “The real issue here is whether voter referendums should be able to overturn the rights of minorities!”
Um, no. No offense to constitutional scholars, but it seems like the real issue is about two things: acceptance and rights. On the acceptance front, all signs are that things are changing, with polls showing the younger generation is far more OK with same-sex couples. It’s in rights that these couples are getting screwed — I recently had to write an affidavit of support for a friend to adopt her own son, which is a new level of nuts.
But repealing Prop 8 wouldn’t actually make a difference here, because California domestic partner-ships already provide the exact same state benefits as marriage. “This entire fight in California is over the ‘M’ word,” notes writer and gay-rights advocate Alisa Solomon. It’s the symbolism of an entire state dissing same-sex couples that is so galling; and, for that matter, the symbolism of the state granting not just equal rights but equal blessing that’s allowed the anti-gay side to garner so much support.
With this in mind, one growing idea is to bypass the entire debate by getting the government out of the marriage business entirely — domestic partnerships for all, in other words. “Holy matrimony should be decoupled from state marriage licenses for everyone,” says Solomon.
“Have it in your church or mosque or what have you, and fight that battle there.” That would free us to focus on ensuring that same-sex couples -— and for that matter, unmarried mixed-sex couples — have equal access to things like Social Security benefits and hospital visitation rights, without anyone getting their knickers in a twist over who’s a “wife” and who’s a “partner.”
Repealing Prop 8 would be a powerful statement in support of equality. But in the end, the separation of marriage and state might just be more valuable.