So, in the last week I had a discussion with a friend about “marriage” vs. “civil unions” or “domestic partnerships”, and today I heard story about a possible amendment to the CA constitution that would replace “marriage” with “domestic partnerships” in state laws. A number of my acquaintances will probably think this is a great idea.
I absolutely think that the civil/legal and religious aspects of (the package of legal rights and social recognition we call) marriage should be separated, and that religious officials should not have the authority to perform legally binding ceremonies. Civil/legal ceremony (or, really, just signing the license) for the legal package, with an optional religious or social ceremony if the couple wants it, no problem.
However, I fail to see why changing the name of the legal/civil part of this from “marriage” to “domestic partnership” is meaningful when it’s the same bundle of legal rights and protections. Marriage as an institution has social value. True, it also has a lot of troubling patriarchal/oppressive/exclusionary aspects, and that sucks… but why can’t we, as individuals and a society, allow marriage as an institution to evolve into something else?
My concern is that replacing legal marriage with domestic partnership is going to deny couples who aren’t “married” the same degree of social respect. And while I realize that you can’t force anybody to respect something if they don’t want to, I don’t see any reason to make it easier for bigoted assholes to dismiss relationships because they’re not “marriages”.
Certainly, some people aren’t going to care. Some people recognize that a relationship–married, unmarried, partnered, gay, straight, monogamous, poly, whatever–is defined by whatever the people involved want, regardless of what it’s called. That the level of seriousness and commitment is determined by the people in the relationship, not its legal status or what they call their partner(s). Those people are the people that you want to be friends with.
But the thing is, those people don’t need to have their horizons broadened or their assumptions challenged. They’re already onboard, okay? The people who we need to worry about, the people who need to, at the very least, be forced to acknowledge that a relationship that’s different than the marriage they have is still legally the same and deserving of equal protection under the law, those people care what it’s called. So making “marriage” an optional religious/social layer is just going to make it easy for those people to dismiss assumption-challenging relationships as “not real marriages”. And why should we do that?
And, further, if it “doesn’t matter what you call it” (which is one of the most common things I hear from people who claim to be ‘against marriage’), then why the hell not call it a marriage? If it doesn’t matter, if it’s defined by you & your partner(s), then it doesn’t matter. So it won’t make a difference to call it a marriage, will it? It’ll still be whatever you & your partner(s) make it.
For myself, I do think it matters what you call it– because we live in a society that attaches value to the institution of marriage. If the whole world was comprised of my friends, who don’t care, I’d feel differently. But it’s not. My parents, and coworkers, and aunts & uncles and etc etc etc are part of this society too, and I’m goddamned if I’m going to roll over and let them dismiss any committed relationship as somehow less because it’s not a marriage.
The institution needs to evolve, not be eliminated. And if you seriously cannot wrap your head around reclaiming a social institution and making it into something that’s more than its oppressive, exclusionary past, I have some questions for you. Do you own property? do you vote? are you a citizen? Think about how those institutions have evolved, and then come back and talk to me again.