I was pushing precisely this position on this list about a year ago, and didn't get many takers. I wrote it as an op ed and couldn't place it. Maybe the idea's time is beginning to come.
Douglas Laycock University of Texas Law School 727 E. Dean Keeton St. Austin, TX 78705 512-232-1341 (phone) 512-471-6988 (fax) -----Original Message----- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Paul Finkelman Sent: Tuesday, March 15, 2005 1:05 PM To: Law & Religion issues for Law Academics Subject: Re: Rights of clergy regarding same-sex marriage? James makes a good point, and should be taken a step further; have the governemtn get out of the marriage business. Let religious institutions perform marriage and have the government regulate civil unions for all people; civil unions are contracts that cover property, child support and rearing, custody, end of life decisions, etc. All the proper jurisdiction of the state; "marriage" is a relgiious action that should not involve the state. This avoids the "separate but equal" fear of Jean Dudley Paul Finkelman Jean Dudley wrote: > > On Mar 15, 2005, at 1:02 PM, James Maule wrote: > >> Civil birth registration and baptisms/christenings are separate. So, >> too, are death registrations and funerals/memorial services. Why not >> separation of marriage and whatever one wants to call state >> sanctioning of pairing? >> >> Jim Maule > > > Three words: "Separate but equal". > > Marriage is both religious and civil. In contemporary usage, it > denotes those who have undergone either civil or religious ceremonies > to solemnize their relationship. What you are proposing is a shift > away from marriage as a civil right as well as a religious ceremony. > > Of course, the current model is to my right; Vermont has "civil unions" > as well as marriage. While mixed-gender couples are allowed to have > civil unions, same-sex couples are not allowed to have marriages. > Further, I'm not sure federal government will recognize civil unions > in place of marriage. If they do, I'd be willing to bet they don't > extend federal marriage rights to gay couples who have joined civilly. > > Jean Dudley > http://jeansvoice.blogspot.com > Future Law Student > > _______________________________________________ > To post, send message to Religionlaw@lists.ucla.edu To subscribe, > unsubscribe, change options, or get password, see > http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw > > Please note that messages sent to this large list cannot be viewed as > private. Anyone can subscribe to the list and read messages that are > posted; people can read the Web archives; and list members can > (rightly or wrongly) forward the messages to others. -- Paul Finkelman Chapman Distinguished Professor University of Tulsa College of Law 3120 East 4th Place Tulsa, Oklahoma 74104-2499 918-631-3706 (office) 918-631-2194 (fax) [EMAIL PROTECTED] _______________________________________________ To post, send message to Religionlaw@lists.ucla.edu To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw Please note that messages sent to this large list cannot be viewed as private. Anyone can subscribe to the list and read messages that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to others. _______________________________________________ To post, send message to Religionlaw@lists.ucla.edu To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw Please note that messages sent to this large list cannot be viewed as private. Anyone can subscribe to the list and read messages that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to others.
