ABSTRACT

Marriage is a legal relationship that creates obligations that are typically characterized as belonging in the private sphere. In truth, however, marriage is a very public affair. Denial of public benefits to same-sex couples is viewed as a denial of equal respect. More radical gay activists, who care nothing of gaining the government's respect, reject same-sex marriage as a legitimate goal for the movement. But even radicals believe that an individual's choice to share a life with another person should not be thwarted by governmental action. Thus, at the very least, government should honor and support such individual choices when they are challenged by immigration laws, hospital visiting rules, and even prison regulations that allow spouses, but no others, to maintain their close personal connection. Using the adoption process, one partner in the couple would become the parent, and the other would become the child.