It is evident that neither side of the fight over same-sex marriage is prepared to yield. This is unfortunate. Far too many individuals who strive for recognition of their committed relationship are being accused of undermining society; far too many individuals who genuinely care about marriage are being accused of bigotry. ...

At one time, determining the role of government in marriage might have been easy. In years gone by and based on the mores of the time, people could envision government fostering long-term, heterosexual marriages for the purposes of promoting a stable environment for offspring. The Maine statute on marriage states that Maine “has a compelling interest to nurture and promote the unique institution of traditional monogamous marriage in the support of harmonious families and the physical and mental health of children.”

However noble and worthy the sentiment, numerous heterosexual marriages end in divorce. Quite appropriately, there are no punitive measures for unwed mothers. Even government social assistance is not geared toward ensuring the stated interest of promoting heterosexual marriage and may actually encourage single parentage. In many respects, heterosexual couples have done a great deal to weaken the justification for government’s role in marriage. And yet, the current debate is whether to extend that role to same-sex couples. Citizens are caught in battle over a governmental status designation that may no longer have a meaningful function.

Is there a way to resolve the dispute? While at first blush the solution may appear radical, the answer seems quite clear — marriage should no longer be a governmental function. All couples, heterosexual and homosexual, should register as under the current Maine statute for domestic partners. This would allow couples, whether heterosexual or of the same sex, to obtain the benefits of health insurance, inheritance, hospital visitation, etc.

Labels: beyond marriage, culture, gay marriage

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