Friday, October 10, 2008

R-e-s-p-e-c-t

The next stage in litigating same-sex marriage.
by Robert F. Nagel
10/13/2008, Volume 014, Issue 05

As odd as it may sound, when the California Supreme Court recently declared that prohibitions against homosexual marriage violate the state's constitution, the justices acknowledged, in effect, that relatively little was at stake in the case. As the court said, California's domestic partnership law already extended to same-sex couples "all of the significant legal rights and obligations traditionally associated .  .  . with the institution of marriage." Thus the forms of discrimination that gay rights advocates usually complain about-involving, for instance, the right to hospital visitation, the provision of health care benefits, parental rights, and so on-were not at issue. What was at issue was whether the state could use the term "domestic partnerships" when referring to same-sex couples while using "marriage" when referring to heterosexual couples.

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