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	<title>Comments on: &#8220;Compromise&#8221; on Same-Sex Marriage</title>
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	<link>http://www.feministe.us/blog/archives/2009/02/25/compromise-on-same-sex-marriage/</link>
	<description>In defense of the sanctimonious women&#039;s studies set.</description>
	<lastBuildDate>Fri, 10 Feb 2012 10:18:49 +0000</lastBuildDate>
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		<title>By: Shared Items - March 9, 2009 &#8212; Hoyden About Town</title>
		<link>http://www.feministe.us/blog/archives/2009/02/25/compromise-on-same-sex-marriage/#comment-230456</link>
		<dc:creator>Shared Items - March 9, 2009 &#8212; Hoyden About Town</dc:creator>
		<pubDate>Mon, 09 Mar 2009 01:37:30 +0000</pubDate>
		<guid isPermaLink="false">http://www.feministe.us/blog/?p=11946#comment-230456</guid>
		<description>[...] “Compromise” on Same-Sex Marriage [...]</description>
		<content:encoded><![CDATA[<p>[...] “Compromise” on Same-Sex Marriage [...]</p>
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		<title>By: iao</title>
		<link>http://www.feministe.us/blog/archives/2009/02/25/compromise-on-same-sex-marriage/#comment-228678</link>
		<dc:creator>iao</dc:creator>
		<pubDate>Fri, 27 Feb 2009 06:37:49 +0000</pubDate>
		<guid isPermaLink="false">http://www.feministe.us/blog/?p=11946#comment-228678</guid>
		<description>Tom Foolery, that &quot;specialized contracts&quot; you mention is exactly what I call marriage. I can get married because my partner is the opposite sex, even though we are both atheists. So how is marriage an explicitly religious arrangement?</description>
		<content:encoded><![CDATA[<p>Tom Foolery, that &#8220;specialized contracts&#8221; you mention is exactly what I call marriage. I can get married because my partner is the opposite sex, even though we are both atheists. So how is marriage an explicitly religious arrangement?</p>
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		<title>By: Lorelei</title>
		<link>http://www.feministe.us/blog/archives/2009/02/25/compromise-on-same-sex-marriage/#comment-228540</link>
		<dc:creator>Lorelei</dc:creator>
		<pubDate>Thu, 26 Feb 2009 18:15:17 +0000</pubDate>
		<guid isPermaLink="false">http://www.feministe.us/blog/?p=11946#comment-228540</guid>
		<description>so let&#039;s say my two good ladyfriends get married, and then one of them gets in the hospital. Say my friend goes to A Very Religious Hospital (we have one where I live that is actively prolife, for instance)... so according to this proposed law, could the hospital decide that my friends aren&#039;t married and can&#039;t see each other, sign papers for the other, etc etc?

i&#039;m really confused. :(</description>
		<content:encoded><![CDATA[<p>so let&#8217;s say my two good ladyfriends get married, and then one of them gets in the hospital. Say my friend goes to A Very Religious Hospital (we have one where I live that is actively prolife, for instance)&#8230; so according to this proposed law, could the hospital decide that my friends aren&#8217;t married and can&#8217;t see each other, sign papers for the other, etc etc?</p>
<p>i&#8217;m really confused. :(</p>
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		<title>By: Plan 9 Studios</title>
		<link>http://www.feministe.us/blog/archives/2009/02/25/compromise-on-same-sex-marriage/#comment-228517</link>
		<dc:creator>Plan 9 Studios</dc:creator>
		<pubDate>Thu, 26 Feb 2009 16:33:29 +0000</pubDate>
		<guid isPermaLink="false">http://www.feministe.us/blog/?p=11946#comment-228517</guid>
		<description>They need a shitload of work to stop this.  History shows us that progress happens eventually.  Stopping it is all but impossible.  It may not happen on our schedule, but it will happen.

They need a miricle.  All we need is patience.</description>
		<content:encoded><![CDATA[<p>They need a shitload of work to stop this.  History shows us that progress happens eventually.  Stopping it is all but impossible.  It may not happen on our schedule, but it will happen.</p>
<p>They need a miricle.  All we need is patience.</p>
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		<title>By: Kaija</title>
		<link>http://www.feministe.us/blog/archives/2009/02/25/compromise-on-same-sex-marriage/#comment-228502</link>
		<dc:creator>Kaija</dc:creator>
		<pubDate>Thu, 26 Feb 2009 15:16:04 +0000</pubDate>
		<guid isPermaLink="false">http://www.feministe.us/blog/?p=11946#comment-228502</guid>
		<description>I don&#039;t know what to think about this.  On the one hand, several people here have raised good points about the problems with this compromise.  On the other hand, I just was reading about how a similar &quot;compromise&quot; in France has actually been enthusiastically embraced by heterosexual couples as well, since many people seem to be disenchanted with the baggage that traditional marriage and expectations and legal crap entails.  

Apparently, the civil union arrangement there consists of two people (of the same sex or opposite sex) filing a petition that results in the couple being formally recognized as a unit in most of the same ways as a married couple.  If they decide to call it quits, they file another petition to dissolve the partnership and there are no property/alimony/etc. consequences.  In other words, they handle the breakup and division of property the way many co-habitating straight and gay couples have always done, sometimes well and sometimes messy.  I think this non-religious/less legal BS option is very appealing, and apparently many straight couples have embraced it, showing (again? still?) that the social constructions around formal/long-term/economic/romantic partnership and commitment are ever-evolving. 

I say separate the legal recognition and benefits from the religious mess and let people choose what kind of &quot;marriage&quot; fits for them.  Of course, underneath all the moral hand-wringing and Bible-quoting and predictions of decay and ruin is probably a lot of financial concern that more folks would then be eligible for benefits and health care and lots of other things that gee, shouldn&#039;t most people have access to regardless of marital status?  But then that&#039; s a whole &#039;nother kettle of fish...</description>
		<content:encoded><![CDATA[<p>I don&#8217;t know what to think about this.  On the one hand, several people here have raised good points about the problems with this compromise.  On the other hand, I just was reading about how a similar &#8220;compromise&#8221; in France has actually been enthusiastically embraced by heterosexual couples as well, since many people seem to be disenchanted with the baggage that traditional marriage and expectations and legal crap entails.  </p>
<p>Apparently, the civil union arrangement there consists of two people (of the same sex or opposite sex) filing a petition that results in the couple being formally recognized as a unit in most of the same ways as a married couple.  If they decide to call it quits, they file another petition to dissolve the partnership and there are no property/alimony/etc. consequences.  In other words, they handle the breakup and division of property the way many co-habitating straight and gay couples have always done, sometimes well and sometimes messy.  I think this non-religious/less legal BS option is very appealing, and apparently many straight couples have embraced it, showing (again? still?) that the social constructions around formal/long-term/economic/romantic partnership and commitment are ever-evolving. </p>
<p>I say separate the legal recognition and benefits from the religious mess and let people choose what kind of &#8220;marriage&#8221; fits for them.  Of course, underneath all the moral hand-wringing and Bible-quoting and predictions of decay and ruin is probably a lot of financial concern that more folks would then be eligible for benefits and health care and lots of other things that gee, shouldn&#8217;t most people have access to regardless of marital status?  But then that&#8217; s a whole &#8216;nother kettle of fish&#8230;</p>
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		<title>By: Holly</title>
		<link>http://www.feministe.us/blog/archives/2009/02/25/compromise-on-same-sex-marriage/#comment-228456</link>
		<dc:creator>Holly</dc:creator>
		<pubDate>Thu, 26 Feb 2009 06:06:02 +0000</pubDate>
		<guid isPermaLink="false">http://www.feministe.us/blog/?p=11946#comment-228456</guid>
		<description>“Compromise used to mean that half a loaf was better than no bread. Among modern statesmen it really seems to mean that half a loaf is better than a whole loaf.”</description>
		<content:encoded><![CDATA[<p>“Compromise used to mean that half a loaf was better than no bread. Among modern statesmen it really seems to mean that half a loaf is better than a whole loaf.”</p>
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		<title>By: piny</title>
		<link>http://www.feministe.us/blog/archives/2009/02/25/compromise-on-same-sex-marriage/#comment-228449</link>
		<dc:creator>piny</dc:creator>
		<pubDate>Thu, 26 Feb 2009 04:41:39 +0000</pubDate>
		<guid isPermaLink="false">http://www.feministe.us/blog/?p=11946#comment-228449</guid>
		<description>&lt;blockquote&gt;“Jill, you can’t argue this while at the same time saying these organizations should be forced to treat their married employees preferentially. Because that’s also discrimination, and they’re subsidized by all tax-payers, not just the married ones.”&lt;/blockquote&gt;

Not exactly.  Laws treat people differently based on their circumstances.  That&#039;s not necessarily discriminatory in the sense that &quot;anti-discrimination law&quot; uses the word.  I agree that stuff like health benefits should be divorced from marital status, but that&#039;s a different issue.  

The problem here is that &quot;marriage&quot; is defined to exclude permanent householding partnerships between two people of the same gender.  This is discrimination against gay people.  They cannot enter into the institution of marriage, and their identical circumstances are excluded from the protection that straight people enjoy as couples.  

The issue here is that this discriminatory legislation may change, but religious bigots want an exemption from progress.  They want to be able to discriminate against certain marriages--or recognized partnerships--that would be legally valid.</description>
		<content:encoded><![CDATA[<blockquote><p>“Jill, you can’t argue this while at the same time saying these organizations should be forced to treat their married employees preferentially. Because that’s also discrimination, and they’re subsidized by all tax-payers, not just the married ones.”</p></blockquote>
<p>Not exactly.  Laws treat people differently based on their circumstances.  That&#8217;s not necessarily discriminatory in the sense that &#8220;anti-discrimination law&#8221; uses the word.  I agree that stuff like health benefits should be divorced from marital status, but that&#8217;s a different issue.  </p>
<p>The problem here is that &#8220;marriage&#8221; is defined to exclude permanent householding partnerships between two people of the same gender.  This is discrimination against gay people.  They cannot enter into the institution of marriage, and their identical circumstances are excluded from the protection that straight people enjoy as couples.  </p>
<p>The issue here is that this discriminatory legislation may change, but religious bigots want an exemption from progress.  They want to be able to discriminate against certain marriages&#8211;or recognized partnerships&#8211;that would be legally valid.</p>
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		<title>By: Jill</title>
		<link>http://www.feministe.us/blog/archives/2009/02/25/compromise-on-same-sex-marriage/#comment-228446</link>
		<dc:creator>Jill</dc:creator>
		<pubDate>Thu, 26 Feb 2009 04:31:02 +0000</pubDate>
		<guid isPermaLink="false">http://www.feministe.us/blog/?p=11946#comment-228446</guid>
		<description>Amp, the article itself says, &quot;The federal government would also enact religious-conscience protections of its own. All of these changes would be enacted in the same bill.&quot; That doesn&#039;t sound like leaving it up to the states...</description>
		<content:encoded><![CDATA[<p>Amp, the article itself says, &#8220;The federal government would also enact religious-conscience protections of its own. All of these changes would be enacted in the same bill.&#8221; That doesn&#8217;t sound like leaving it up to the states&#8230;</p>
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		<title>By: Ampersand</title>
		<link>http://www.feministe.us/blog/archives/2009/02/25/compromise-on-same-sex-marriage/#comment-228444</link>
		<dc:creator>Ampersand</dc:creator>
		<pubDate>Thu, 26 Feb 2009 04:06:15 +0000</pubDate>
		<guid isPermaLink="false">http://www.feministe.us/blog/?p=11946#comment-228444</guid>
		<description>I might disagree with you, Jill. It all depends on the exact wording of the &quot;robust religious exemption&quot; provision. I emailed a question about that to the authors, and one of them (the pro-equal marriage one) responded that he imagines that the details would be left up to the individual states. If he&#039;s right about that, then the actual religious exemptions might end up being broad and sucky in Georgia and Florida, and pretty narrow in New York and Massachusetts.

And, really, how is that different than it is now? If a Church in Florida right now wants to discriminate by not offering equal medical care to their queer employees&#039; families, they have the legal right to do that.

And the benefits of federal recognition of civil unions are pretty huge. For example, I think the cruelest homophobic law in the US right now, is that our federal immigration law keeps apart same-sex couples where one is foreign born. This &quot;compromise&quot; would give couples in that situation a way around the problem. There are lots of other areas of Federal law -- social security survivors benefits is a big one, taxes another, survivorship another -- where this law could help people.

If this was saying that we&#039;d have to give up on fighting for full marriage equality, I&#039;d laugh at it and say not on your fucking life. But it doesn&#039;t say that; it&#039;s just suggesting that we move to a different status quo while we continue the marriage fight. And I think it&#039;s a status quo that would actually be better for many same-sex couples who could use more equality under federal law.

Two more points: This would pull out the rug from under the nonsensical &quot;teh gays will force your church to hold gay weddings&quot; argument, which would be good for us. And I think it would be a stepping stone towards a universal federal civil union law -- so that even people living in Texas and other states that are decades away from state civil unions (let alone marriage), could get recognized federally and gain those benefits.

I think a lot of it may depend on how far away you think we are from full equal marriage rights. If you think it&#039;s just around the corner, then a compromise like this makes no sense. If you think, like me, that it&#039;s just around the corner in some states but decades away for the country as a whole, then I think a proposal like this, which could add substantially to people&#039;s legal rights until we have full equality, is worth considering.</description>
		<content:encoded><![CDATA[<p>I might disagree with you, Jill. It all depends on the exact wording of the &#8220;robust religious exemption&#8221; provision. I emailed a question about that to the authors, and one of them (the pro-equal marriage one) responded that he imagines that the details would be left up to the individual states. If he&#8217;s right about that, then the actual religious exemptions might end up being broad and sucky in Georgia and Florida, and pretty narrow in New York and Massachusetts.</p>
<p>And, really, how is that different than it is now? If a Church in Florida right now wants to discriminate by not offering equal medical care to their queer employees&#8217; families, they have the legal right to do that.</p>
<p>And the benefits of federal recognition of civil unions are pretty huge. For example, I think the cruelest homophobic law in the US right now, is that our federal immigration law keeps apart same-sex couples where one is foreign born. This &#8220;compromise&#8221; would give couples in that situation a way around the problem. There are lots of other areas of Federal law &#8212; social security survivors benefits is a big one, taxes another, survivorship another &#8212; where this law could help people.</p>
<p>If this was saying that we&#8217;d have to give up on fighting for full marriage equality, I&#8217;d laugh at it and say not on your fucking life. But it doesn&#8217;t say that; it&#8217;s just suggesting that we move to a different status quo while we continue the marriage fight. And I think it&#8217;s a status quo that would actually be better for many same-sex couples who could use more equality under federal law.</p>
<p>Two more points: This would pull out the rug from under the nonsensical &#8220;teh gays will force your church to hold gay weddings&#8221; argument, which would be good for us. And I think it would be a stepping stone towards a universal federal civil union law &#8212; so that even people living in Texas and other states that are decades away from state civil unions (let alone marriage), could get recognized federally and gain those benefits.</p>
<p>I think a lot of it may depend on how far away you think we are from full equal marriage rights. If you think it&#8217;s just around the corner, then a compromise like this makes no sense. If you think, like me, that it&#8217;s just around the corner in some states but decades away for the country as a whole, then I think a proposal like this, which could add substantially to people&#8217;s legal rights until we have full equality, is worth considering.</p>
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		<title>By: Wednesday</title>
		<link>http://www.feministe.us/blog/archives/2009/02/25/compromise-on-same-sex-marriage/#comment-228441</link>
		<dc:creator>Wednesday</dc:creator>
		<pubDate>Thu, 26 Feb 2009 03:03:10 +0000</pubDate>
		<guid isPermaLink="false">http://www.feministe.us/blog/?p=11946#comment-228441</guid>
		<description>Tom Foolery - are you seriously asking why the state is involved in marriage, in a discussion about LGBT folks should give up to get the 200+ &lt;em&gt;legal rights and responsibilities&lt;/em&gt; of civil marriage? 

The problem here is not that legal marriage is inherently religious, because it&#039;s not. (If anything, across history and cultures, it&#039;s been an economic arrangement.) The problem is that fundies are claiming it is, and using this to justify denying it to couples based on what&#039;s in their pants. And as long as we accept their framing of this issue, we&#039;re going to have a harder fight for social acceptance.</description>
		<content:encoded><![CDATA[<p>Tom Foolery &#8211; are you seriously asking why the state is involved in marriage, in a discussion about LGBT folks should give up to get the 200+ <em>legal rights and responsibilities</em> of civil marriage? </p>
<p>The problem here is not that legal marriage is inherently religious, because it&#8217;s not. (If anything, across history and cultures, it&#8217;s been an economic arrangement.) The problem is that fundies are claiming it is, and using this to justify denying it to couples based on what&#8217;s in their pants. And as long as we accept their framing of this issue, we&#8217;re going to have a harder fight for social acceptance.</p>
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