Filed under: Personal; Author: Les Bain; Posted: May 19, 2008 at 9:23 pm;

The California Supreme Court ruled that the law prohibiting same sex marriage is unconstitutional.  Same sex marriages will probably begin in California 30 days from the ruling.  There will be a constitutional amendment on the ballet in November so the people can vote to change the constitution if they wish.

The entire issue resolves around the fact that the state gave special considerations to married couples.  If the state gives special rights to one group, it cannot withhold those rights from another group.

Let us step back and consider.  What if the state did not consider marriage in any of the laws, taxes, or benefits.

People could create civil unions to protect jointly shared property and share benefits.  The IRS could give special consideration to civil unions if that is the law.  Social Security benefits could be defined by civil union.

It is not a far stretch to go from corporations to civil unions.  We form groups that are treated as entities by the state.  This would be another one of those entities.

Marriage should just be a issue for the church.  The state should be prohibited from even asking about one’s marital status.  It should be as unimportant to the state as someone’s baptismal or communion status.

If marriage is a religious institution, it would take place in the church as do baptisms, communion, confirmations, and other religions rites.

I do not have a problem if the Muslims have up to 4 wifes.  I do not have a problem if the Latter Day Saints have multiple wives.  I do not care if churches practice infant or adult baptisms.  I do not care who prays to what God.  Those are matters left in the Church.

There would be no marriage license, unless the church issues one.

The state can provide another kind of legal entity called a civil union with tax and benefit laws.  The state should get out of the marriage business entirely.

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