Thursday, October 26, 2006

A more perfect union?

As this NY Times article reports, the New Jersey Supreme Court ruled yesterday that gay couples are entitled to the same legal rights and financial benefits as heterosexual couples. The Court has ordered the Legislature to create and modify laws that will provide gay couples with benefits previously restricted to heterosexual couples, including tuition assistance, survivors’ benefits under workers’ compensation laws, and spousal privilege in criminal trials. However, the Court was split on the issue of whether to refer to homosexual unions as marriages or whether another term could be used and has left that determination up to the Legislature.

Naturally reactions differ. Some conservative groups are outraged that gay couples are being dignified with the same rights as heterosexual ones, which apparently poses some kind of threat to procreation. Some gay rights activists are unwilling to settle for civil union rather than marriage, either because they fear that separate will never truly be equal in practice, or because they believe that committed homosexual relationships deserve the same social cache as heterosexual ones.

Where do you stand on this issue? I consider myself a pragmatic progressive. I think that civil unions for homosexuals with the same benefits as heterosexual marriage are a huge step in the right direction. Moreover, surveys consistently show that the majority of Americans support homosexual civil unions - but not "marriage" - on the grounds of fairness and equal rights. I think that clamoring for the right to use the term "marriage," which has weighty connotations in our abnormally religious Western nation, only serves to erode that sympathy and spur conservative hotheads to attempt amendment of state Constitutions.

I think we should take civil unions and run with them. The average citizen will eventually become accustomed to the reality of legally recognized homosexual couples who show themselves to be good neighbors, coworkers, friends, and family. Except for the serious fundies, most US religions are gradually growing more tolerant of homosexuality (and women's rights) as they are populated by more modern minds. Ultimately it will also seem natural to extend the secular institution of marriage to those who have enjoyed its benefits for years in all but name. By losing this battle now, I believe that we can eventually win the war.

Finally, as an aside for anyone who wants hard evidence that homosexuality is "natural" in the sense of not being a uniquely human phenomenon, check out this current exhibition at the University of Oslo or read this book by Bruce Bagemihl.

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