Wednesday, March 18, 2009

Marriage Developments - - - abolition or inclusion?

Perhaps the solution to the "marriage wars" is the abolition of marriage?  It's a proposal that has been made from different theoretical perspectives in years past, but of late it has been garnering attention.  TIME MAGAZINE picked up a piece published earlier this month in the SF Chronicle authored by two Pepperdine law profs who recommend that the California Supreme Court in Strauss v. Horton (the Proposition 8 case, see more here),

Direct the state to employ non-marriage terminology for all couples - be it civil union or some equivalent.

Interestingly, there is also anew California Initiative, blogged over on ConLawProf here, that

Replaces the term “marriage” with the term “domestic partnership” throughout California law, but preserves the rights provided in marriage. Applies equally to all couples, regardless of sexual orientation.

Meanwhile, the Vermont legislature which passed its civil union law for same-sex couples after Baker v. State,  is considering opening marriage to same-sex couples, according to the NYT here.

RR

http://lawprofessors.typepad.com/family_law/2009/03/marriage-developments-abolition-or-inclusion.html

Marriage (impediments) | Permalink

TrackBack URL for this entry:

http://www.typepad.com/services/trackback/6a00d8341bfae553ef01127976ed3228a4

Listed below are links to weblogs that reference Marriage Developments - - - abolition or inclusion?:

Comments

I am very enjoy your blog, your blog is very true of the bar, hoping to see you more exciting content! I wish you have a happy day!

Posted by: star trek dvd | Apr 9, 2009 1:13:40 AM

Post a comment