holmes,
I can't speak for Rrhain, and I'm sure he can give you a much more detailed answer with historical references, etc. I'm just not that smart.
What is the reason that marriages and civil unions cannot be made synonymous under law?
Having two separate things is just dangerous and a recipe for disaster.
* Increases complexity of the law
* Allows for their future separation
* Allows for them to be 'made synonymous' only partly.
* Allows for future legislation that targets some aspect of marriage, but improperly considers civil unions
In my engineering experience, having 'parallel items,' and trying to remember to consider them both leads to real problems. I see the legal system as one huge, complex, hack-filled computer program. Loop-holes are security bugs; it is this kind of computer programming that leads to these kinds of bugs; I see it as the same for law-making. Ideally, it would work, but in practice, it just doesn't. In a large system, adding complexity is simply adding more things for someone to fail to know. Individually, it may seem ok, but when considered in such a large, opaque system, it's dangerous.
In other words, there's got to be a better solution. I'd only accept this kind of solution as a last resort. The best way to do it is to do it right the first time; not to accept some partway solution for now, and try to fix later. It doesn't happen like that. Not in software, and not in the law.
So, these are my basic assertions, with only my experience in computer programming offered as motivation to understand my position. Although, the same type of thing does apply to scientific theory-building.
Let's just drop the name 'marriage.' I think that would go a long way. Make one set of laws with 'unions.' Those laws are for heterosexuals or homosexuals. These laws include provisions for having children, whether your own or adopted. These also apply to heterosexuals or homosexuals. Homosexuals can have children too.
Drop the name 'marriage,' and remove the seeming dependency on the religious notion. Then use the existing law for all people. The only reason people wouldn't want to do that is their desire to tie law to religion.
Too bad our legal system isn't like CBA's in sports, where there's a contract lifetime for each law, and they need to be renegotiated every XX years in order to keep them up-to-date. Seems like our legal system is a matter of the 'haves' (those protected under the law already) vs. the 'have-nots', and the have-nots are ALWAYS outnumbered. I think many people would sing a different tune if their right to establish a legal union was dependent on resolving this problem.
Ben