Can Marriage Be Saved?

A Forum (II)

This article appeared in the July 5, 2004 edition of The Nation.

June 17, 2004

ELLEN WILLIS

SAN FRANCISCO MAYOR GAVIN NEWSOM, appearing on The Charlie Rose Show, denounced civil unions as a "separate but unequal" solution to the gay-marriage issue. He argued that marriage was about more than just legal rights, and if civil unions were proposed as a substitute for marriage for everyone, heterosexual "married people would be up in arms."

Au contraire, for some of us at least. My husband and I got married, after living together for many years, to secure various rights and benefits for ourselves and our daughter. We had no desire to have the state recognize our personal relationship, let alone "sanctify" it, but that was a compulsory part of the package. I believe in the separation of sex and state. I also believe that social benefits like health insurance should not be privileges bestowed by marital status but should be available to all as individuals. Marriage, in the sense of a ceremonial commitment of people to merge their lives, is properly a social ritual reflecting religious or personal conviction, and should not have legal status. "Sanctity" is a religious category that is, or ought to be, irrelevant to secular law. The purpose of civil unions should be to establish parental rights and responsibilities, grant next-of-kin status for such purposes as medical decisions and insure equity in matters of property distribution and taxes. Such unions should be available to any two--or more--adults, regardless of gender.

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