Monday, November 30, 2009

Civil Unions and Marriage

You know what I dream of? A world in which marriage is seperated forever from inheritance law. In olden days, the ancient and medieval West, a woman was regarded as a vessel for her husband's children. She was sold by her father to another man as chattel, and her sexuality was tightly controlled in order to ensure the paternity of her issue, so that the son who inherited the father's property was assuredly his and not another man's.

The modern notion of marriage as a legal institution is a direct result of this kind of thinking. We ackowledge only the partnerships that can result in children, and give tax breaks and other allowances, etc, to those who are married only. The truth is that inheritance and property ownership is the rightful domain of the law; partners should inherit the home they have lived in, and make decisions about their partner's health, body, and burial. 

Whatever you feel personally about homosexuality, some people are going to live and share their lives with people of the same sex. We need to accept this fact. Property law is what it is, and inheritance is what it is - who cares who I bequeath my property to, be it a man or a woman?

I personally see no difference between the commitment that exists between my boyfriend and me and that between my friend Paul and his partner. We both plan to spend our whole lives together, to share homes and evenings and secrets, to support each other in all things. When Paul dies, shouldn't the person he shared his entire life with be with him? And if Paul is incapacitated, shouldn't his partner decide what is in his best interest? Just as Andrew will decide for me? Shouldn't Paul inherit his partner's property?

We must not allow inheritance law and an antiquated notion of partnership dictate how our law treats us. Civil unions for all people, gay or straight, would permit inheritance law and tax breaks for everyone equally. Religious organizations can then determine the qualifications they choose for blessing those unions.

The beauty of the seperation of church and state is that this is a possibility for us in America.

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