We could very easily let religion "have" marriage and call the legal institution something else (like "civil unions"). Religions could decide which "marriages" they'd approve, but none would have any legal standing (kinda like a marriage today if you don't get a marriage license).
The ONLY legal device for joining couples would be a "civil union". Any couple (straight or gay) could get one. This is the device which would convey the legal rights. "Married" couples could get one too, like they get a marriage license now.
I'm sick of hearing fundies bitch about what "God" wants. Let them HAVE "marriage". Let's call the legal process something else.
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