Tuesday, February 06, 2007

Gay Marriage Initiative- Genius

The Washington State Supreme Court ruled (Andersen v. King County) that the state can discriminate against same-sex couples seeking civil marriage because it had a "legitiamate state interest" regarding "child bearing and child rearing." Basically, the ruling stated that as marriage is for producing children, the state has legitimate reasons to deny those who can't have children naturally the rights and benefits of marriage.

So the Washington Defense of Marriage Alliance is making Washington state puts its law where its double-talking mouth is, and they are going to choke on it.

from the Web site:
If passed by Washington voters, the Defense of Marriage Initiative would:
  • add the phrase, “who are capable of having children with one another” to the legal definition of marriage;
  • require that couples married in Washington file proof of procreation within three years of the date of marriage or have their marriage automatically annulled;
  • require that couples married out of state file proof of procreation within three years of the date of marriage or have their marriage classed as “unrecognized;”
  • establish a process for filing proof of procreation; and
  • make it a criminal act for people in an unrecognized marriage to receive marriage benefits.
The way we are challenging Andersen is unusual: using the initiative, we are working to put the Court’s ruling into law. We will do this through three initiatives. The first would make procreation a requirement for legal marriage. The second would prohibit divorce or legal separation when there are children. The third would make the act of having a child together the legal equivalent of a marriage ceremony.

Absurd? Very. But there is a rational basis for this absurdity. By floating the initiatives, we hope to prompt discussion about the many misguided assumptions which make up the Andersen ruling. By getting the initiatives passed, we hope the Supreme Court will strike them down as unconstitional and thus weaken Andersen itself. And at the very least, it should be good fun to see the social conservatives who have long screamed that marriage exists for the sole purpose of procreation be forced to choke on their own rhetoric.

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