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  •  i am disagreeing with your statement (none / 0)

    that religion is inextricably linked with the legal institution of marriage, as proven by the existence of civil marriage for quite some time now. what you aim to do was already done centuries ago. there is no need for civil unions because civil marriage is essentially the same thing without the separate-but-equal overtones.

    while i am aware that we agree on about 90%, i still think that distinction is worth making. religion is already out of the legal process, which is why heterosexual interfaith couples and atheists are now legally able to marry, without the approval of any religious institution. part of the rights worth fighting for is the right to access to the same legal institution, regardless of social identity. civil unions, while an improvement over the status quo, does not fulfill that right.

    surf putah, your friendly neighborhood central valley samizdat

    by wu ming on Sun Jan 16, 2005 at 12:58:50 PM PDT

    [ Parent ]

    •  you are making, I think, semantic differences? (none / 0)

      The word "marriage" grows out of a religios use of the word. However, that separate from this, the state has always created some function that has nothing to do with religion. We both seem to understand that history.

      To get out of having this discussion about religion, we need to talk about this in terms of what it is (we being the left) - a bundle of rights because that is in practical terms is the only thing the state can affect. One that believes in separation of church and state that is. Indeed, you can convince even some evangelicals of this- if you make the argument that it's not about marriage.

      The desire to call it marriage has more to do with a desire by gays to be accepted. But this is unrealistic to expect a change in laws to equal acceptance. It doesn't and it won't. Those are two different battles. The example I give is that of being African American- I was talking today to a friend who like me is both gay and black and professional. We see the effects of the difference in what the law says and the issue of acceptance all the time. Professionally, there is a difference between what an organization is forced to do because of the laws on race versus what an organization will do for minority employees because it knows that these issues go beyond the letter of the law. It goes down to, for example, making certain there is a retention of employees and the growth of their career in the company.  He falls on the side of calling it marriage, but he acknowledges really for him its about having a more open society.

      My thing is that I don't believe as a lawyer that laws promote open society. They only determine rights and responsibilities. It is inadequate for the function of providing social acceptance. It still must do its job- provide the rights and protections. But, the rest- the acceptance, is a separaate battle that must be won outside of the law. Now is this line as clear as I am saying- no. But, to have this discussion you have got to start to make it clear I think so that more people on our side comes to the debate understanding what we can and can not do through legal action.

      •  i don't think that line of argument (none / 0)

        wins us much in the end. over the long run, it is better to enter the discussion and work to convince people that it is wrong to ban one class of people from being able to marry whom they love than to allow the right wing to own the definition of both religion and marriage, and in so doing ceding control of the separation of church and state. fighting for partial rights only reinforces the assumption that gays are not equal - and not worthy of being treated as equal - to heteros.

        the fact that opinions have already shifted towards equality in marriage, employment and elsewhere over the past decade suggests that we would be misguided to assume that there can be no more movement, and that we should give up on full equality. i agree that full acceptance will take a lot longer and that people's minds cannot be controlled by laws - nor should they be - but that does not mean that we should not press for full equality under law for all americans, just because the haters will continue to hate.

        i see no benefit that civil unions provide that wouldn't be better done by extending civil marriage to all americans. additionally, the fact that liberal religious groups would be willing to perform same sex marriages were the state to accept them as legal gives the lie that there are consistent religious reasons to ban gay marriage. the division is political, and we lose if we allow the right to define the terms.

        surf putah, your friendly neighborhood central valley samizdat

        by wu ming on Sun Jan 16, 2005 at 02:27:18 PM PDT

        [ Parent ]

        •  it is the advatage of the fact that a lot (none / 0)

          of people hear  marriage and think of their faith. whereas civil unions they have to be told by Republicans that it is the same thing. It's the advantage of coming to the conversation without external baggage versus coming to it with an open mind. Open minds are the hardest things to come by in these sorts of discussions where some many things are mixed together. This mixing together is what allows the Republicans to control the debate. If I can sit with a few evangeligicals and convince them- then what does that mean for the debate? For me, it means that I can be won if people are not requiring idealogical purity which has nothing to even really do with the substance of the goal or ideas they are trying to achieve, and the ideas and goals that they are trying achieve outside of the rights and responsibilities under the law are not even a matter of legal consideration- namely acceptance of gay folk. Two separate issues- that right now are not being separated, can in part begin to be separated by getting people past their bias.

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