Gay Marriage, Maybe Not Such a Good Thing After All - Gay Law Prof

Marriage Is a Mixed Blessing

While many in our community have worked hard to secure the right of same-sex couples to marry, others of us have been working equally hard to develop alternatives to marriage. For us, domestic partnerships and civil unions aren’t a consolation prize made available to lesbian and gay couples because we are barred from legally marrying. Rather, they have offered us an opportunity to order our lives in ways that have given us greater freedom than can be found in the one-size-fits-all rules of marriage.

It’s not that we’re antimarriage; rather, we think marriage ought to be one choice in a menu of options by which relationships can be recognized and gain security. Like New York City’s mayor, Michael R. Bloomberg, who has been in a relationship for over 10 years without marrying, one can be an ardent supporter of marriage rights for same-sex couples while also recognizing that serious, committed relationships can be formed outside of marriage.

Here’s why I’m worried: Winning the right to marry is one thing; being forced to marry is quite another. How’s that? If the rollout of marriage equality in other states, like Massachusetts, is any guide, lesbian and gay people who have obtained health and other benefits for their domestic partners will be required by both public and private employers to marry their partners in order to keep those rights. In other words, “winning” the right to marry may mean “losing” the rights we have now as domestic partners, as we’ll be folded into the all-or-nothing world of marriage.

Of course, this means we’ll be treated just as straight people are now. But this moment provides an opportunity to reconsider whether we ought to force people to marry — whether they be gay or straight — to have their committed relationships recognized and valued.

 It seems like she wants the name of marriage for relationships, but not the expectations.

Yep, if you want to get the "benefits" of marriage, we'll expect you to live with the downsides too; the permanence, the expectations of faithfulness, producing the next generation of citizens, you know, that kind of stuff.  Don't like it?  Don't get married.

Seen at Althouse.