Found this 12-year-old but still entirely relevant essay by Claudia Card, Against Marriage and Motherhood. You should read it, because a) she’s a lesbian, and she’s anti-marriage – gay and straight, so in case you thought we were bigots, think again, and b) she’s just right.

I really tired, so I haven’t delved into the motherhood bit yet, but some great quotes from the first portion of the piece:

About same-sex marriage I feel something like the way I feel about prostitution. Let us, by all means, decriminalize sodomy and so forth. Although marriage rights would be sufficient to enable lovers to have sex legally, such rights should not be necessary for that purpose. Where they are legally necessary and also available for protection against the social oppression of same-sex lovers, as for lovers of different races, there will be enormous pressure to marry. Let us not pretend that marriage is basically a good thing on the ground that durable intimate relationships are. Let us not be eager to have the State regulate our unions. Let us work to remove barriers to our enjoying some of the privileges presently available only to heterosexual married couples. But in doing so, we should also be careful not to support discrimination against those who choose not to marry and not to support continued state definition of the legitimacy of intimate relationships. I would rather see the state deregulate heterosexual marriage than see it begin to regulate same-sex marriage.

And:

Among the trappings of marriage that have received attention and become controversial, ceremonies and rituals are much discussed. I have no firm opinions about ceremonies or rituals. A far more important issue seems to me to be the marriage license, which receives hardly any attention at all. Ceremonies affirming a relationship can take place at any point in the relationship. But a license is what one needs to initiate a legal marriage. To marry legally, one applies to the state for a license, and marriage, once entered into, licenses spouses to certain kinds of access to each other’s persons and lives. It is a mistake to think of a license as simply enhancing everyone’s freedom. One person’s license, in this case, can be another’s prison. Prerequisites for marriage licenses are astonishingly lax. Anyone of a certain age, not presently married to someone else, and free of certain communicable diseases automatically qualifies. A criminal record for violent crimes is, to my knowledge, no bar. Compare this with other licenses, such as a driver’s license. In Wisconsin, to retain a driver’s license, we submit periodically to eye exams. Some states have more stringent requirements. To obtain a driver’s license, all drivers have to pass a written and a behind-the-wheel test to demonstrate knowledge and skill. In Madison, Wisconsin, even to adopt a cat from the humane society, we have to fill out a form demonstrating knowledge of relevant ordinances for pet-guardians. Yet to marry, applicants need demonstrate no knowledge of the laws pertaining to marriage nor any relationship skills nor even the modicum of self-control required to respect another human being. And once the marriage exists, the burden of proof is always on those who would dissolve it, never on those who would continue it in perpetuity.

[Note: Bold text styling is my own.]

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.