James makes a good point, and should be taken a step further; have the governemtn get out of the marriage business. Let religious institutions perform marriage and have the government regulate civil unions for all people; civil unions are contracts that cover property, child support and rearing, custody, end of life decisions, etc. All the proper jurisdiction of the state; "marriage" is a relgiious action that should not involve the state. This avoids the "separate but equal" fear of Jean Dudley

Paul Finkelman

Jean Dudley wrote:

On Mar 15, 2005, at 1:02 PM, James Maule wrote:

Civil birth registration and baptisms/christenings are separate. So,
too, are death registrations and funerals/memorial services. Why not
separation of marriage and whatever one wants to call state sanctioning
of pairing?

Jim Maule


Three words:  "Separate but equal".

Marriage is both religious and civil. In contemporary usage, it denotes those who have undergone either civil or religious ceremonies to solemnize their relationship. What you are proposing is a shift away from marriage as a civil right as well as a religious ceremony.

Of course, the current model is to my right; Vermont has "civil unions" as well as marriage. While mixed-gender couples are allowed to have civil unions, same-sex couples are not allowed to have marriages. Further, I'm not sure federal government will recognize civil unions in place of marriage. If they do, I'd be willing to bet they don't extend federal marriage rights to gay couples who have joined civilly.

Jean Dudley
http://jeansvoice.blogspot.com
Future Law Student

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