Author Archive for shelleysaxer

Civil Unions and Proposition 8 in California

by shelleysaxer

Last year Doug Kmiec and I authored an opinion in the San Francisco Chronicle about a possible solution to the same-sex marriage debate in California. We proposed that all marriages be considered civil unions (or some other name) so that the state is removed from defining marriage, leaving the decision of whether to recognize a marriage to religious traditions. Although the idea of “civil unions for all” is not new, we found this solution to be particularly useful under the circumstances confronted by the California Supreme Court when the validity of Proposition 8 was challenged.

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