I was watching The Daily Show last night (Tuesday’s edition) and Mike Huckabee was on. Jon Stewart was debating the wisdom of banning same-sex marriage, and it kind of went back and forth but it was all very civilised.
And it got me thinking. People who oppose same-sex marriage tend (note I used the word ‘tend’) to be of the religious persuasion, so as a general rule, conservative branches of religion wouldn’t welcome homosexuals with open, unconditional arms anyway, married or not (no matter what they say). So why try and play their game? Their attitudes aren’t going to change.
In most countries (I expect), legal adults who are sane and sober can enter into legally-binding contracts. Getting married means there is an implicit contract between two people, and the rights and responsibilities are spelled out in state or national legislation. Is that right? Maybe I should have brushed up on this before I got married, but hey.
Anyway. so two people who live in a country or state that has banned same-sex marriage could enter into an explicit contract with each other, a contract that spells out the rights and responsibilities of their relationship, and what should happen if the relationship ends. I don’t think this would be that different from a prenuptial, and it’s just as good as a marriage contract.
The law would therefore recognise their connection to each other. Which is pretty much identical to marriage but with less baggage. And they would have to examine the terms of the contract carefully to make sure this is really what they want to do, which is a damned sight more considered than a drunken weekend in Vegas. Win-win!
Assuming this doesn’t already happen, a law firm could provide boilerplate contracts to make things easy for most same-sex couples to sign. I don’t get why it’s so important for homosexuals to gain the recognition of people who don’t want to recognise them as normal human beings who happen to play for a different team.
(I am not a lawyer, my experience is limited to two commercial law units at Uni. This is only my opinion.)