I think it’s unnecessary. The onus is on those proposing to change the definition of marriage to justify the need. Legal expediency is insufficient, as civil unions have already been defined to cover all non-traditional marriages. The objection to marriage and divorce entitlements isn’t resolved by combining groups of relationships for the purpose of expanding objectionable government entitlements. So, if the argument falls to one of recognition, i.e. identification, forcing traditional marital couples to identify gay relationships as being the same as heterosexual relationships is not only irrational, but unjustified coercion.
Let’s go a step at a time so I can examine my own rationale, and hopefully we can find those places where we disagree. (This may get messy as I tend to be a little discursive… please forgive.)
I imagine myself as a gay man. I’m in a romantic relationship with a partner I love. I examine my relationship with my partner, and it seems analogous to relationships I’ve observed among heterosexual couples with respect to several criteria: we share love and fidelity; live together; have arranged our household in a particular manner, reflecting shared tastes and compromise; expect to be with each other for the extent of our lives; we may have an extended family, like shared children, or plans to create one.
When heterosexual couples possess those criteria, they often get married. Is there any reason for me to get married? There is the potential romance of a formal expression of those things I’ve listed, and whatever it may be worth to a person to have a traditional expression of those things as well. There is a social recognition of that same relationship. What might that social recognition be worth? I’m unsure, though one aspect might have an engagement akin to a verbal commitment, and the wedding a formal “Letter of Intent” in college football recruiting (if that example is worth anything to you). There are rules within recruiting about competing schools contacting those athletes who have already made commitments and issued a Letter of Intent… and socially it may be acceptable to court an unattached woman or man, but possibly less so someone who is engaged or married. The engagement/wedding ring, as much as anything else, can be a signifier to someone who might not otherwise know (like a stranger) that this person is not interested in new romance.
Further, there can be political dimensions to marriage, as tax codes may be written to reflect how people manage their households in practice, or whither fall military benefits for the deceased, or other issues of property inheritance, etc. (This is not to take up the argument for or against any one of these policies specifically, or to say whether, as an example, relief from an unjust tax is an “entitlement” or not. This is merely to posit why I, in my guise as a gay man, might want to get married to my partner.)
In terms of lifestyle, when I and my same-sex partner can describe ourselves as “all but married,” or see ourselves in the same roles as a heterosexual couple who would then get married… then it appears to make sense for me to seek marriage itself. If some aspect of it is denied by others (such as legal recognition, and the consequent adjustment to tax codes or inheritance policy), we may opt to still perform our own extra-legal ceremony. If the world is hostile enough, it might be a secret one. But indeed, we would be “married” to each other, which in this case is a recognition of the reality of our relationship – that of spouse to spouse – just as a heterosexual couple might be married to each other, though in some frontier situation without the benefit of a formal government capable of codifying the institution.
Beyond that, why would we “need” legal institutions to reflect this reality, and to treat us as they do heterosexual unions? What of “civil unions” as my relief?
I suspect that there’s a case to be made about “equal protection,” and maybe related to Brown v. Board as against Plessy v. Ferguson*, and the doctrine of “separate but equal.” Earlier I suggested citizenship as an institution that has changed over time, in terms primarily of who is allowed citizenship. Imagine that we had a society in which only whites were allowed citizenship, and that we were confronting a movement to extend citizenship to blacks.
Suppose, in response, we said that we would identify these so-called “black citizens” as “civil members of society” rather than citizens, for after all, citizenship has traditionally been reserved for whites only, and it is unfair to whites to impress upon them this new meaning. But a “civil member of society” will receive every legal benefit of citizenship, so there is no reason to complain or need anything different.
Were I a black man in such a society, I would be worried that it would be all-too-easy to devise different legal approaches for a “civil member of society” as against a citizen, if those approaches didn’t already exist. But beyond that, I would wonder why the government would feel it necessary to codify a difference between “citizen” and “civil member of society” if the only actual difference is skin color. Why would the government deem it necessary to treat people differently according to the color of their skin, and should it? Isn’t this a statement that this distinction is not just historical or traditional, but real and worth preserving? That there is a *real* difference between “citizen” and “civil member,” accounting to skin color and thus demonstrated in our terminology? If this is not discrimination itself (the bad kind, I mean), doesn’t it almost demand it?
To bring this back to marriage, if we say that heterosexual couples who treat themselves and each other in every respect as a “married” couple may do, can in fact be married, but a homosexual couple who acts likewise may only enter into a “civil union,” then aren’t we (in our capacity as “government”) saying that there is a meaningful difference between these pairings that we must reflect with our laws? But where is that meaningful difference? When I initially posited my scenario, I said the following: “we share love and fidelity; live together; have arranged our household in a particular manner, reflecting shared tastes and compromise; expect to be with each other for the extent of our lives; we may have an extended family, like shared children, or plans to create one.” So what is it that a heterosexual couple has that entitles them to marriage, that such a homosexual couple, alike in everything but gender, lacks? Where is the meaningful difference between these two relationships that justifies two separate terms to describe them (if not legal strategies, though that will almost certainly follow, if we’re being honest)?
Please note, when you say “forcing traditional marital couples to identify gay relationships as being the same as heterosexual relationships is not only irrational, but unjustified coercion,” that this is not at all what we’re talking about. I don’t care at all about the beliefs of any specific “traditional marital couple.” They can view gay relationships in any manner they please. They can hate blacks, and consider them not to be “real citizens.” They may think whatever they’d like, and I wish them well in their intolerance. But when we’re talking about how we administer the governance of our country, then I must insist upon equal protection before the law, and that separate is not equal. With regard to marriage, I find that a homosexual couple can have a relationship that is in every important respect the equivalent to a heterosexual couple. And so to treat them differently (or as a “civil union” suggests, to treat them the same yet call it something different, which I find disingenuous on its face) is not only a failure to recognize the reality of the situation, it is an affront.
There is another argument to be made that government ought not be involved in marriage at all, and perhaps that’s true. But just as I do not believe the government ought to be educating children, yet I will insist upon equality of education for children without respect to skin color, so long as the government *is* educating children, I must similarly argue for equal treatment for homosexual and heterosexual couples.
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*Odd trivia: Plessy triggers spellcheck, but Ferguson does not. Spellcheck likewise triggers spellcheck.