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Archive for November 12th, 2009

Via Volokh,  one learns that a bill that would have allowed domestic partners the right to provide for the burial of their loved ones, has been vetoed by RI governor Donald Carcieri.

The legislature passed the bill after hearing testimony from a man whose partner of 17 years went unburied for months while state officials rejected his requests to cremate the body as the dead man wished.  State officials were unmoved by the couple’s wills, living wills, powers of attorney, and a marriage certificate from Connecticut.

The pure libertarian position on marriage is that the government should not be in the marriage business, gay or straight; instead any two people should be allowed to draw up whatever contract they wish in order to solidify their relationship. But we are far from such an ideal, and given present reality, it is hard to take seriously those who oppose gay marriage today either from the pure libertarian rationale or from an idea — false, as the above incident shows — that gays in a domestic partnership can have all the same rights if they fill up the right forms. As for those who oppose gay marriage on religious grounds, I don’t take them seriously anyways.

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