A lawsuit is pending in California challenging the states’ definition of marriage. California does recognize civil unions and basically confers the legal protections of marriage, but now they’re fighting for the right to get (dum-da-da-dum) Married(!)
I’m getting a little sick to my stomach this morning. This is such a bad idea that I can’t fully count the ways, but I certainly aim to try.
(One caveat, TeemKuntz did used to be married, so feel free to take this post with liberal amounts of salt.)
The legal protections of marriage and marriage itself are two extremely different things. If I could go *poof*, and make it better, this is one of things I would change.
Being married basically tells the state “Hey, this person here (point to spouse), I want them to look after me and my interests if I am unable to do so myself.” Things like inheretance, power of attorney, medical decisions, these are important. Each person should be able to designate whoever they want to take care of those things. I love my parents and brother to death, but we disagree about enough things that I wouldn’t want them making decisions on my behalf.
This designation is important. Otherwise we could have mass chaos every time someone is injured or dies. Parents, spouses, children, could all have some kind of claim in medical care. Imagine being a doctor in those circumstances. We saw a bit of this during the Terri Schiavo fiasco. Avoiding that fiasco is why the state recoginizes marriages. It assumes the person you marry is the one you want to look after your interests.
Fine, OK. My objection is the recognition of marriage as the means of accomplishing this end. It’s mixing the church and state in very uncomfortable ways. In my world, designating a person would be the equivalent of filling in the “in case of emergency” entry in your passport. Something happens, you erase the name. Simple.
Marriage could still exist as well, but it would be completely outside of the public sphere. You want to go to a church? Fine. Wear a wedding band? Fine. Your church doesn’t want to perform ceremonies for gay people? Fine with me. Remember, coercion is a bad thing. If gay people want to have a wedding, that’s fine too. They can rent the hall, wear tuxedos, watch Uncle Mike get tanked up at the open bar, all fine with me.
And if they fill out the “in case of emergency” form all rights and benefits are theirs.
This is my ultimate problem with same sex marriage. It legitimizes the mixing of public policy and religion. We should be encouraging states to only recognize civil partnerships. But for this to work there cannot be any substantive difference between the civil unions and marriage.