I must admit, I did not read one word of the OP. I have just one question that points to my stance on the whole issue of Marriage; Gay, Straight, or otherwise.
Why is Government in the business of marriage in the first place? It is, originally, a religious institution after all. Libs love to cite "separation of church and state", except when it serves their agenda.
No it was not originally a religious institution:
7. State or church?
Marriages in the West were originally contracts between the families of two partners, with the Catholic Church and the state staying out of it. In 1215, the
Catholic Church decreed that partners had to publicly post banns, or notices of an impending marriage in a local parish, to cut down on the frequency of invalid marriages (the Church eliminated that requirement in the 1980s). Still, until the 1500s, the Church accepted a couple's word that they had exchanged marriage vows, with no witnesses or corroborating evidence needed.
13 Facts on the History of Marriage
While religion wormed it's way into marriage, today, in most places including the US , it is a legal/ civil matter subject to equal protection under the law as established by the Obergefell decision. "Libs" always support separation of church and state.
It seems to me that marriage was mentioned much earlier that what you have cited, and in the bible, among other RELIGIOUS texts.
Argument has failed.
Failed?? Maybe it was mentioned in the bible. I wouldn't know. That does not change the fact that in may cultures throughout large swathes of history, it was not religious at all, as I have presented.
It also does not change the fact that at this time, in this country as in most, it is primarily a legal/ secular/ civil matter with religion only playing a role for those who want it to.
Lastly, it does not change the reasons I have documented that would make it impossible to get government out of it.
So what would you do? Give the religious institution complete control of marriage? That would be absurd in a secular society, and discriminate against the non religious who want to marry.
It also does not change the fact that at this time, in this country as in most, it is primarily a legal/ secular/ civil matter with religion only playing a role for those who want it to.
That is true, however, that was not what I was talking about. To refresh, I was referring to the
origins of marriage.
So what would you do? Give the religious institution complete control of marriage? That would be absurd in a secular society, and discriminate against the non religious who want to marry.
You overlook a very simple alternative. For legal purposes, call civil unions just that, "Civil Unions". Whether they be unions of one man and one woman, two men, two women, or multiples of each, call them all the same. Again, for legal purposes. This eliminates government from marriage, which many people have deeply held religious beliefs about, and puts it back where it belongs (a "contract" between the parties directly involved, and any others they wish to include). Why is this so unacceptable?
Actually I have not overlooked anything having been involved in this issue since way before Obergefell. On the other hand, it appears that you have not thought much about it at all. You ask why is it unacceptable and I will be happy to tell you.
· It panders to the religious right and other bigots, while not really getting government out of marriage and not appeasing those opposed to same sex unions. Why? Keep reading.
· Marriage has a special meaning to many people-religious and secular, gay and straight alike. It is universally understood to mean a certain thing. The fact that many do not understand what a civil union is was a big problem for gay couples before Obergefell and would be a problem for every one if we reverted to it now.
· I am a married, heterosexual person and I -along with many others would not be happy if I could not call it marriage. In addition, the Supreme Court has said on numerous occasions that marriage is a “
fundamental right” If states tried to take marriage away, they would be violating constitutional law and setting up decades more of costly litigation.
More not less government involvement.
· If we are not talking about doing away with marriage all together and the idea is to preserve marriage for those who want to be joined religiously, there are additional problems that should be obvious. We may have eliminated discrimination based on gender and sexual orientation but set up a situation where there is religious discrimination were secular people are howling about not being able to call their union marriage.
More years of litigation and more government involvement.
· In addition, many religious institutions do in fact marry same sex couples and it’s naive to think that the religious right would be willing to allow those gay couples to call it marriage, even if there was no government recognition of it.
More haggling, more political angst, more litigation and yes more government involvement
· Aside from the constitutional questions, there is the reality that it would take many years for all states to get on the same page with this. There would be a confusing patchwork of differing laws on civil unions while some states would retain marriage. That in would create questions about the legal status of couples who move from to another state-and especially between states that recognize marriage and those who do not. In short we would be right back to where we were before Obergefell with conflicts about reciprocal recognition of marriages from state to state.
More litigation and more government involvement.
· Speaking of government involvement, civil unions as we knew them before Obergefell did indeed involve government. They were applied for and issued through local government.
So that does not remove government from marriage
· If on the other hand, we are talking about private contracts between individuals, that would entail hiring a lawyer, something that may not be affordable for all. More importantly, contracts are provided for in law so
you still have government involvement, as you would if it came to a contentious desolation requiring litigation.
· A contract between two individuals only governs the terms of their relationship and does not compel any third party entity, government of non-government, to recognize it or to extend any rights or benefits to those parties. Under current law, only marriage accomplishes that. One might say that the law could be changed, but I say good luck with that. Some states would surely resist, it would take decades, and more litigation.
Yes, more government involvement.
· Sure a constitutional amendment could be drafted to cover all of this a get everyone on the same page but again, I say good luck.
· I might also point out that the federal government never recognized civil unions for the purpose of federal marriage benefits prior to the Windsor case overturning the Defense of Marriage act. It would take an act of Congress to change that.
Lets be realistic about the possibility of that happening any time soon
· If, by “government out of marriage we simply mean that no licenses would be issued and the government had no say in who can marry, there would be no way to control inappropriate marriage due to things like age of consent, competency and close relative issues.
And if in fact that is the only change, government would still be deeply involved in marriage
· There are many on the religious right who object to any recognition of same sex unions no matter what they are called,
so, while we still have government involved in marriage, we have not really solved anything.
· I had great fun responding to this -I wrote it in my head while working out at the gym and then came home and banged it out- and I hope you will enjoy trying to come up with a response. In closing, I will say that the system of marriage that we have is working just fine save for the human short comings and frailties the we bring to it. Marriage does not have to be fixed. Bigots and the religious right wing nut jobs have to be fixed.