If I were Governor of California, and had a cooperative legislature, and didn’t mind being recalled, I would make the following declarations:
- That, with the passage of Prop 8, all same-sex marriage are null and void.
- That, due to the California Constitution’s declaration of equality among all citizens, I have no choice but to render all marriages in California null and void.
- That the State of California henceforth considers marriage to be a religious matter. In order to respect religious freedom it will no longer issue marriage licenses to anyone, and the definition of marriage will therefore be up to individual churches.
- That the State of California is establishing a civil union status, available to any two consenting adults, to encapsulate certain legal benefits formerly associated with marriage.
- That all couples whose marriages were recently nullified by Prop 8 or government decree will automatically receive civil unions.
Needless to say, this would never actually happen, and it would do nothing to placate the anti-gay bigots who voted for Prop 8 (although it sure would be fun to take away their marriages too). But I do think getting government out of the marriage business entirely is the right move. Supporters of small government should be all for it!