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),
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.
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