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A third way for the marriage debate

by Jeff McCrory, published on March 10, 2009 at 11:44 PM

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 The AP is reporting that a pair of college students have proposed a ballot measure that will replace the word "marriage" with the term "domestic partnership" in all state laws.   Secretary of State Debra Bowen said today that supporters can begin collecting the 700,000 signatures to get the measure on the ballot.  Domestic partnerships will retain all the rights of marriage, and all couples will be eligable for domestic partnership, regardless of sexual orientation.  

Is this a good or bad idea?  Please express yourself.

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March 11, 2009 | 12:05 AM
I love this idea myself. Why should the state be the middle man in a fractious cultural war? The state ought to step aside and let civil society define marriage.
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March 11, 2009 | 10:42 PM
So, when you say "the state" I suppose you mean the state government? If that is what you mean, is it true that we the people elect our officials to represent us and govern us? If the answer to that is yes, then are you saying that the people we put in charge need to step aside?

If the answer to that question is yes, then once they step aside, leaving civil society to define marriage, how will this issue be resolved?
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March 11, 2009 | 12:29 AM
I'd be fine with that. Domestic partnerships should be the governments definition of marriage, which shouldn't be attached to one particular religious ideology or custom of the past. It should then be up to the couple to define the ceremony they have and up to a church or whatever other institution if they wish to host such a ceremony.
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March 11, 2009 | 11:06 PM
Hmmm... I gather that you are calling for the detachment of religious ideology or tradition "custom of the past" from what exactly?

Article 1 Section 4 of the California State Constitution states, "Free exercise and enjoyment of religion without
discrimination or preference are guaranteed. This liberty of
conscience does not excuse acts that are licentious or inconsistent
with the peace or safety of the State. The Legislature shall make no
law respecting an establishment of religion..."

So, now I guess we need a definition of religion, right? Yes we do.

"1 a: the state of a religious <a nun in her 20th year of religion> b (1): the service and worship of God or the supernatural (2): commitment or devotion to religious faith or observance
2: a personal set or institutionalized system of religious attitudes, beliefs, and practices
3archaic : scrupulous conformity : conscientiousness
4: a cause, principle, or system of beliefs held to with ardor and faith"
(religion. (2009). In Merriam-Webster Online Dictionary. Retrieved March 11, 2009, from http://www.merriam-webster.com/dictionary/religion)

Now, let's take a look at the California State Constitution's Preamble:
"We, the People of the State of California, grateful to Almighty God for our
freedom, in order to secure and perpetuate its blessings, do establish this
Constitution."

Well, should we start letting everyone write their own version of the California Constitution? Or better yet should we have a Wiki-Constitution?
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March 11, 2009 | 9:45 AM
I agree with Paul. Because the concept of marriage has been codified by government to bestow rights and impose responsibilities, the government should simply create a legal term for it then treat all citizens equally.
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March 11, 2009 | 11:30 AM
Here is the text of the initiative, if anyone is interested. It's less than a page long.

http://ag.ca.gov/cms_attachments/initiatives/pdfs/i800_09-0003_domestic_partnership_initiative.pdf
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March 11, 2009 | 3:58 PM
May be a great step. That seems to take care of the state problem. How does it address federal benefits and programs such as Social Security survivorship and IRS? e.g. or did I miss something??
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March 11, 2009 | 5:14 PM
Excellent question.
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March 11, 2009 | 8:55 PM
From what I understand, it's DOMA that bars gay couples from those benefits and programs. Overturning prop 8 won't change anything on the federal level. If the Democrats repeal DOMA, then gays would be eligible as domestic partners for those benefits.

However, I'm opining from memory here. Am I missing something, Dale?

I emailed the Domestic Partnership Initiative organization with the same question. Maybe they will have more information.
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March 11, 2009 | 11:44 PM
Can someone please help me clarify something here?

So, if this proposition passes, will "husband" and "wife" also require a new legal definition?
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March 12, 2009 | 3:56 PM
Too bad that the federal government refuses to give domestic partnerships the same rights as marriage - as does the IRS, most insurance companies, and thousands of private employers (including hospitals and other benefits providers).

Since we are supposedly doing journalism here, it'd be nice if the writer told us who these two college students are, and if this is simply a right-wing tactic to say "hey we don't really hate gay people at all..."
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edited on  March 12, 2009 | 4:45 PM
When I paraphrased the AP article, I did fail to mention the student's names, but I did link to the article. The hyperlink is kinda what makes new <s>journalism</s> media different from old. But in any event...

The student's names are Ali Shams and Kaelan Housewright. They have a Facebook group here: http://www.facebook.com/group.php?gid=42833687407 I doubt that their organization is a right-wing Trojan Horse, since Mr. Shams proposed the initiative as a way to make good on a promise to a gay friend to overturn Prop. 8, but you can visit the Facebook group and make up your own mind.
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March 12, 2009 | 9:13 PM
No, Jeff. You're not missing anything. But like so many laws enacted by states, they don't have any effect on federal legislation. I thought that I had missed something somewhere along the way as the to how it addressed the federal statutes and resulting benefits or prohibitions. Thanks for forwarding the question..
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