Friday, October 10, 2008

Gay Marriage In Connecticut


It should be obvious that anyone that is against gay marriage holds such an opinion because they don't like the idea of gay sex. Although we joke in popular culture that sex and marriage have nothing to do with each other, you won't see any significant principled division between the people who object to homosexuality and those who wish to deprive homosexuals of their civil rights.

Today Connecticut's supreme court ruled that denying same-sex couples the right to marry violated that state's constitution. Effectively becoming the third state to allow homosexual marriage.

Something that is often glossed over in discussions of gay marriage is the issue of civil unions. These are often touted as being the same as marriage but with a different name. Gay rights groups often do a good job of pointing out that "separate is not equal," but it gets a bit more technical than that. There is a certain deference that is given to the status of marriage in American law that would not transfer over to any artificial legislative construction. You can make a statute that gives persons in a civil union the same tax benefits(penalties), the same visitation rights, and same property ownership as marriage and these are the rights typically cited by people discussing the issue, but there are a number of other rights that most people don't know come from marriage. You can have joint ownership of property but what about inheritance? What about the "Marital Privilege" where your spouse can not be forced to testify against you in court? There are a number of others but the point is that the status of marriage is so ingrained in our culture that a legislature would have to rewrite its entire civil code to create a substantially similar civil status to marriage.

Which still leaves the question of motive. Why would you go to all the effort to create something exactly like marriage just for the gays if not to keep them separate? I have yet to have heard a coherent explanation of why conservatives believe that it somehow harms their marriage if homosexuals are allowed to marry. My wife and I may have had less sex, or poor communication on the week California first allowed gay marriage, but I guarantee you it was not the cause.

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