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Jay Currie

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3/17/2005

A bit of rather clear legal reasoning....

"In this context, the existence of marriage-like rights without marriage actually cuts against the existence of a rational government interest for denying marriage to same-sex couples. California's enactment of rights for same-sex couples belies any argument that the State would have a legitimate interest in denying marriage in order to preclude same-sex couples from acquiring some marital right that might somehow be inappropriate for them to have. No party has argued the existence of such an inappropriate right, and the court cannot think of one. Thus, the state's position that California has granted marriage-like rights to same-sex couples points to the conclusion that there is no rational state interest in denying them the rites of marriage as well." San Francisco County Superior Court Judge Richard Kramer via Andrew Sullivan
On this logic extending civil unions but not marriage to same-sex couples is simply irrational. Which has been my position all along.

Essentially, once the bandwagon of granting some benefits directly and some through the law of constructive trust moved out of the station the ability of the state to stop short of marriage was pre-empted. In efas soon as it became public policy to treat gays as human beings it became impossible to treat them as only partial human beings endowed with some but not all the rights of other human beings.

Which is why SSM is such a loser for the CPC. Because, in essence, their wacky position in favour of civil unions but opposed to marriage means they will have to "protect" hetrosexual marriage at the cost of denying the essential equality of gay people. The Grits will crucify them.