Mar 13 2009
Replaceing “marriage” with “domestic partnerships.”
The initiative process in California is abused, overused, and produces bad laws. It was intended to function to legislate when the Legislature wouldn’t legislate on issues. It has become over-used to the point that there are so many initiatives on the ballot that voters are confused. The presence of this abuse leads the Legislature to abandon their responsibilities and place everything on the ballot that they should be doing - water, high spped rail, education funding are just a few issues to use as examples.
Coming on the ballot soon, although it hasn’t finished the signature process, is an initiative to replace marriage with domestic partnerships for all - at least in California. The thought behind the measure is that if homosexual couples cannot marry, then neither should heterosexual couples. Basically, if the homosexuals cannot have the word marriage, then neither should the heterosexual couples.
This is ridiculous. Homosexual marriages were never the same as heterosexual marriages. There was never going to be an equality between the two in California, and to say that replacing everything with domestic partnerships will be “equal” is ridiculous. Homosexual couples, even if they were married, would not be counted as married for federal purposes, for the census or for federal taxes. There was never going to be equality on the marriage issue, so to remove the word marriage from law is ridiculous. Additionally, marriage is a recognized state for federal law for heterosexual couples. Removing the term marriage from California law doesn’t equal that out.
There is no equality on this issue, and there likely won’t be for decades to come. It is unclear whether there should be equality on this issue. There are many things still to be decided.
The CA Supreme Court seems to be in favor of letting Prop. 8 stand - meaning that only marriage between a man and a woman will be recognized as marriage in California. The people voted. This is what they came up with.


