YippySkippy wrote:
1 Every mention of "marriage" in law should be changed to "civil union".
2 The federal government should pass/maintain laws concerning civil unions, not states. That way there is only one "law of the land" for all.
I think these steps would solve most domestic logistical problems. I agree that it might complicate inter-national partnerships and immigration, but I think with a little brainstorming those issues could also be resolved.
Oh, if only it were that simple.
What about Common Law and equity? The rules of inherentence favouring spouses are not generally found in statute, they are found in court cases. Not only that, a great number of them are found in the law of England and Wales to which US common law jurisdictions have fallen heir.
What about the law of Louisiana? Since it is not a common law jurisdiction, there is an entirely different legal scheme.
What about mentions of "spouse?" What word would you substitute for that?
And, of course, where is the federal governments constitutional authority to legislate in the area of family relations? You're going to need a constitutional amendment for that one.
...or you could just open the existing definition of marriage to include couples of the same sex.
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--James
03 May 2012, 2:06 pm
