As people wait for the results of the California Supreme Court’s review of Prop 8, Douglas Kmiec and one of his Pepperdine Law collegues have put out a proposal that the government get out of the marriage business entirely, and instead bestow “civil union” certificates on households of any configuration or persuasion.
Instead, give gay and straight couples alike the same license, a certificate confirming them as a family, and call it a civil union — anything, really, other than marriage. For people who feel the word marriage is important, the next stop after the courthouse could be the church, where they could bless their union with all the religious ceremony they wanted. Religions would lose nothing of their role in sanctioning the kinds of unions that they find in keeping with their tenets. And for nonbelievers and those who find the word marriage less important, the civil-union license issued by the state would be all they needed to unlock the benefits reserved in most states and in federal law for married couples.