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Sunday, April 18, 2004

"gay CIVIL UNIONS FOR ALL: MASS. PROPOSAL: From Reuters

[Click here for a similar proposal in the New York state assembly.]

Get the government out of the business of "marriage" and have "civil unions" for all.

That is the gist of a new proposal that could resolve the raucous debate over gay marriage, according to Paul Loscocco, a Massachusetts state representative who is presenting the idea to colleagues. ...

For Loscocco, the controversy boils down to the language used to describe civil and religious unions, which is why he wants to formally distinguish the two -- as do certain European countries like France. ...

"My approach puts forth a reasonable, rational way to take the heat out of the situation," Loscocco said. "You're keeping the institution the same; you're just changing its name."

Among the idea's proponents are Harvard Law Professor Alan Dershowitz, who raised it in a newspaper column last year after the Massachusetts court issued its landmark ruling.

"Not only would this solution be good for gays and for those who oppose gay marriage on religious grounds, it would also strengthen the wall of separation between church and state by placing a sacred institution entirely in the hands of the church while placing a secular institution under state control," Dershowitz wrote. ...

Loscocco, some of whose ancestors were French, says a bill he is proposing in the Massachusetts Legislature would partly emulate the marriage system in France.

Under French law, the only marriages recognized by the state are those performed by the state. Religious wedding ceremonies are done according to religious custom but merely reflect a couple's spiritual beliefs and have no real legal standing.

The practical effect is that a French couple must go to local city hall to get their marriage license and participate in a brief ceremony performed by a governmental official, typically the local mayor.

It's too soon to say how Loscocco's approach will be greeted by Massachusetts politicians -- let alone those nationwide -- but already both sides of the issue are frowning.

Maria Parker, a lobbyist for the Massachusetts Catholic Conference, said she does not distinguish religious marriage from civil marriage because she feels marriage is a civil institution.

"The general understanding of marriage in every culture in the world has been based on the idea it is between one man and one woman," she said. "His distinction is not helpful."

And Massachusetts gay rights lobbyist Arline Isaacson said that while she appreciates Loscocco's "noble" intentions, she doubts straight people would pick civil unions over marriage.

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