Anima
WuShock
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When a Jewish boy turns 13, he heads to a temple for a deeply meaningful rite of passage, his bar mitzvah. When a Catholic girl reaches about the same age, she stands in front of the local bishop, who touches her forehead with holy oil as she is confirmed into a 2,000-year-old faith tradition. But missing altogether in each of those cases — and in countless others of equal religious importance — is any role at all for government. There is no baptism certificate issued by the local courthouse, and no federal tax benefits attached to the confessional booth, the into-the-water-and-out born-again ceremony or any of the other sacraments that believers hold sacred.
Only marriage gets that treatment, and it's a tradition that some legal scholars have been arguing should be abandoned. Two law professors from Pepperdine University issued a call to re-examine the role the government plays in marriage in a paper published March 2 in the San Francisco Chronicle. The authors — one of who voted for and one against Prop 8, which successfully ended gay marriage in California — say the best way out of the intractable legal wars over gay marriage is to take marriage out of the hands of the government altogether. (See pictures of the busiest wedding day in history.)
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 those for whom 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 could want. The Church itself would lose nothing of its role in sanctioning the kinds of unions that it finds in keeping with its tenets. And for non-believers or those for whom the word marriage is 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.
"While new terminology for all may at first seem awkward — mostly in greeting-card shops — [it] dovetails with the court's important responsibility to reaffirm the unfettered freedom of all faiths to extend the nomenclature of marriage as their traditions allow," wrote professors Douglas W. Kmiec and Shelley Ross Saxer. Kmiec voted for Prop 8 because of the teachings of his Catholic Church and his notion of religious liberty, but has since said he believes the Court should not allow one group of Californians to marry while denying the privilege to others.
http://www.time.com/time/nation/article/0,8599,1885190,00.html?xid=rss-fullnation-yahoo