Homosexuals argue that the state of California should permit any two consenting adults who love each other — regardless of gender — to get married. Yet plenty of lifestyles are sanctioned by neither federal nor state governments.
Polygamous and incestuous marriages, even among consenting adults, are prohibited pretty much everywhere, as is pedophilia. Nor do states give recognition to couples involved in “open" or "swinging" relationships, in which partners, married or otherwise, are free to date other people.
Homosexual relationships were once proscribable as well — some states even made such relationships criminal. Still, even the landmark U.S. Supreme Court case Lawrence v. Texas, which rendered state sodomy laws unconstitutional, “does not involve whether the government must give formal recognition to any relationship that homosexuals seek to enter.” Lawrence merely states that gays’ “right to liberty … gives them the full right to engage in their conduct without interference from the government.” Currently, only one state outside of California , Massachusetts , recognizes homosexual marriages, though four others — Connecticut , New Hampshire , New Jersey and Vermont — allow same-sex “civil unions.”
Though not required to, California has already given formal recognition to same-sex relationships by permitting “domestic partnerships,” which confer upon registered homosexual couples the same rights, benefits and responsibilities that married heterosexual couples receive. In gays’ view, however, “domestic partnerships” are inherently unequal to “marriages” because they do not go by the same name.
“Different” does not necessarily mean “unequal.” Few would argue that people of different genders, races, religions, or political parties are unequal despite the different labels placed on them. Likewise, the term “domestic partnership” does not necessarily imply that homosexual unions are unequal to the “marriages” heterosexuals enjoy, especially since domestic partners in California enjoy all the same rights and privileges that married couples do. The unions simply go by different names.
"Separate" does not necessarily mean "unequal" in this case.
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