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In case you haven't all heard about this a kajillion times today:"WASHINGTON (CNN) -- President Bush endorsed a constitutional amendment Tuesday that would restrict marriage to two people of the opposite sex but leave open the possibility that states could allow civil unions.
"The union of a man and a woman is the most enduring human institution, honored and encouraged in all cultures and by every religious faith," Bush said.
"Marriage cannot be severed from its cultural, religious and natural roots without weakening the good influence of society." |
Of course, this is after this little tidbit from 2000, via Atrios:"BUSH: I'm going to appoint conservative people in the Cabinet. It's none of my business what somebody's -- now when somebody makes it my business, like on gay marriage, I'm going to stand up and say I don't support gay marriage. I support marriage between men and women. KING: So if a state were voting on gay marriage, you would suggest to that state not to approve it?
BUSH: The state can do what they want to do. Don't try to trap me in this state's issue like you're trying to get me into. |
Now, most major media outlets are parading this complete sham as truth:| "Bush also said state legislatures should be left to define "legal arrangements other than marriage," suggesting that such an amendment would allow states to establish civil unions for same-sex couples. |
However, it's been pointed out by lots of people, especially Yale Law professor Jack Balkin, that this just isn't the case at all.| "The text is cleverly and confusingly written: The amendment says that no "state or federal law shall be construed to require" that "the legal incidents of" marriage may be enjoyed by same-sex couples. These legal incidents include a whole bundle of rights in family law, pension law, tort law, property law, and so on. What the text seems to say is that everyone who is sworn to uphold the law, including not only judges, but executive and administrative officials, would be prohibited from construing the law to give same sex couples this bundle of rights or any part of them. Since the law cannot be construed to do this, it cannot be enforced to this effect either. Private employers who give same sex couples benefits simlar to those of married couples would be able to do so, but they would not be permitted to construe any federal or state law as requiring them to do so, and no government official could enforce such an interpretation against private businesses. Thus, California's laws, which now give same sex couples many (but not all) of the same rights as married couples, and Vermont's civil unions law, which gives almost all of the same rights, would probably be made unenforceable by the Amendment's second sentence. |
Sorry folks, but until this little situation has been fairly handled, you're not going to see me stop bitching about it.
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