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A rose by any other name...

As is common knowledge now, the LDS Church issued a (brief) statement on a gay marriage amendment. (Read all one line of it here)

Dave notices that the statement doesn't seem to preclude the notion of gay 'civil unions'. In my essay on gay marriage, I didn't talk much about civil unions, mostly because (1) the essay was too long as it was, and (2) the definitions of civil unions and how they would be implemented are still a little vague. What would the difference be between a 'marriage' and a 'civil union'--different subsets of benefits, or just a name change?

Looking at the definition for civil unions in Vermont (read about it here) every question of the form "How is [some legal aspect] handled under a civil union?" is answered by "Exactly the same way as marriages". In other words, there is no difference whatsoever between a Vermont marriage and a Vermont civil union other than the name (and the gender of its participants). Okay...but all that amounts to is a fancy name change--call them 'civil unions' or 'social partnerships' or whatever you want, it's still in essence, 'marriage'. This may in fact satisfy some, who would prefer gay partnerships are not associated with the word 'marriage' which is defined by God. Still, if their only objection to gay marriage was just the use of the word 'marriage' then I would wonder why they're opposed to gay marriage at all. Names don't matter...

As mentioned in my essay, the objections to gay marriage can be summarized more concretely than just using the sacred word 'marriage'--specifically, redistribution of a finite amount of money and benefits, larger case-load for the legal system with gay divorces, and financial discouragement from ending a gay relationship and pursuing a more spiritual lifestyle. Defining 'civil unions' does nothing to change any of these. (Companies are required in Vermont to provide all benefits given to marriage partners also to civil union partners, and divorces are handled in exactly the same way...) Call it what you want, 'civil unions' are 'marriages' and discussion of civil unions as a compromise to the gay marriage debate is really just a waste of time.

If an LDS representative says the Church is opposed to gay marriage and someone asks "What about civil unions?", he/she could very properly say, "What's the difference?". There's no reason for the Church to specifically discuss civil unions because the statements about marriage apply just as equally. You can't use some Clinton-style renaming of "sex" into something else in order to get around the law of chastity, for example. And yet, I fear people who are 'conservative yet accommodating' are going to talk themselves into supporting 'civil unions' while opposing gay 'marriage' without realizing that they are one and the same...

July 9, 2004 in LDS Church News | Permalink

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And yet the Church has not, to my knowledge, specifically opposed civil unions (at least, what scanty anecdotal evidence I've heard points in the other direction, as in here: http://www.timesandseasons.org/archives/001028.html#017189 ). Given that a significant number of members seem okay with the idea, I have to wonder if the 1P wouldn't be a little more specific if the official position of the Church was against civil unions as well as redefinition of marriage. Of course, it could be that civil unions are still a bad idea, but one that the Church doesn't feel the need to officially oppose.

Posted by: BDemosthenes | Jul 11, 2004 1:48:57 PM

It would surprise me if the Church didn't oppose civil union laws in the same manner as gay marriage laws unless it explained specifically why the first was okay and the second wasn't (I can't see a difference)

Of course, when we talk about the Church 'officially opposing' (or not) civil unions we have to make the distinction between the legal and Church policy aspects. I.E. the Church may not oppose laws that create gay civil unions, but that doesn't mean the Church will accept gay civil unions as being equivalent to non-temple straight marriages as far as chastity issues are concerned.

In fact, I think I'll write about that later today...

Posted by: The Baron | Jul 12, 2004 1:03:09 PM

The following link, originally posted at T&S, provides the most coherent distinction between marriage and civil unions that I have seen.

http://thepublicinterest.com/current/article1.html

The civil unions advocated by the author are still problematic (in that they would facilitate adoptions by unmarried couples), but that does not constitute a fatal flaw in the concept of civil unions. The point is, that civil unions can be defined in a way that should be acceptable to anybody interested in protecting traditional marriage while keeping the government out of our bedrooms.

I would think that the Church might be amenable to a form of civil union as a compromise outcome because it would maintain a clear standard for regulating sex; i.e., OK in marriage, not OK in a civil union (even between civilly-united heterosexual couples).

Posted by: Last_lemming | Jul 12, 2004 2:14:19 PM

That's a good article...from a theoretical, abstract standpoint, although the actual legal definitions of civil unions that have been produced so far are essentially just marriage with a new name.

If/when a serious proposal for a federal law for civil unions comes up, then we'll have to see how it's defined specifically in order to determine whether it's good or bad.

Posted by: The Baron | Jul 12, 2004 3:46:34 PM

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