Here’s the best passage from an otherwise forgettable Jonah Goldberg column on same-sex marriage:
Until now, the White House has largely taken a do-nothing policy toward gay marriage and a moderately pro-gay stance – by conservative standards – in other areas, appointing openly gay officials and treating gay Republican groups with respect. But the White House understands that aggressive opposition to gay marriage is as dangerous for Republicans as aggressive support of gay marriage is for Democrats.
It’s a funny stalemate. The Republicans can’t afford to be seen as too “anti-gay,” lest the Democrats demagogue them with tolerant suburban voters, and Democrats can’t afford to be seen as too “pro-gay,” lest the GOP demagogue them in Southern and rural states.
So both sides stand there, circling each other like sumo wrestlers, hoping the other side will make the first move.
When couples apply for a license to “marry”, they are performing the civil, or contractual part of a State recognized contract. They then have that license signed by a Judge, or a licensed minister. People who are “married” by a Justice of the Peace or in Mayor’s courts, etc. have civil unions – a contractual agreement recognized by the State. They are just as married as people who marry in a church. When people are “married” in the church, they are performing a religious sacrament — a religious right, which the State has no part of and should have no part of. These people too, must have their license filed with the State for their contract to be recognized.
However you choose to use your license, that piece of paper must still be registered with the State for your union (or marriage contract) to be recognized by the State. It does not matter to the State whether a license to form a contract belongs to two parties of the same sex or not. It is the church that has the problem with same-sex contracts and the church, which is free to choose not to ratify those licenses with their marriage sacrament.
You should be able to apply for a license, just like any other license, have it signed by a Judge, filed with the State, and be just as “married” as anyone who performed some religious sacrament that the State has no part of.