Opinion: Prop. 8 live-blogging--Should the state be in the marriage business?

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Justice Ming W. Chin raises a point during the hearing that has been much discussed by the editorial board, as well as posited by our readers: What if the state didn’t bother with recognizing or performing marriage at all, but instead performed civil unions for all, recognized them with all the same rights, and left marriage to religious and other private organizations to define and perform as they wished?

The question disappeared rather quickly from the courtroom, but it’s one that the editorial board expects to pursue.