Talk:Proposition 8

A Moderate Proposal
...mainly as food for thought, because it seems too radical to actually happen:

I propose a US constitutional amendment stating that:
 * 1) Congress shall make no law respecting an establishment of "marriage" (perhaps specifically stating that it is a religious matter)...
 * 2) ...and prohibiting the states from making any such laws either...
 * 3) ...and further, stating that the right to form legally-recognized bonds of family is part of the "pursuit of happiness" and also may not be restricted in any way unless harm to minors or non-participants can be demonstrated.

The anti-government conservative types can't complain, because this is the FedGov prohibiting itself from interfering with individual freedom, and also prohibiting the state governments from interfering either.

Of course, the "war on the family" types will frame this as the ultimate destruction of the family, but it should be easy to counter that by pointing at item #3: your right to form your own family as you see fit would be constitutionally protected, what's the problem?

The only catch is how to make it easy to "form legally-recognized bonds of family". The current options are civil unions (only available in some states?) and the web of legal contracts which gay couples have to use in many states in order to gain partial legal recognition of their union. Some obvious solutions come to mind, but these would probably be better addressed by a lawyer (which I am not).

--Woozle 15:40, 6 November 2008 (PST)