Thanks for a great, thoughtful essay (we should expect no less from you).
Here's the problem with "civil unions". So-called "civil unions", shorn of their stamp of approval on homosexuality, don't add anything new to existing contract law.
Anyone can appoint a power of attorney for healthcare, anyone can will their estate to anyone they wish, anyone can execute a reciprocal personal services contract with another to assume certain obligations.
The purpose of a "civil union", therefore, is to bundle these various, already legal contractual pieces, into an instrument for the state to ostentatiously approve of that which most citizens do not approve of.
Very concise. I wish, when any conserv pol is confronted with "do you approve of civil unions?" would have the straighforward rejoinder "I don't approve of them, but they already exist in every state of the union. Every couple, triplet or quartet--etc, already has the right to go to an attorney and work out household contracts to suit themselves."
I agree with your observations about civil unions with this caveat: the bundle of rights, which you say the homosexual couple already has, is something they can accomplish therefore seriatim. Query: Should the law prohibit the bundling because to do so would be to somehow endorse sodomy which is repugnant to the majority of the people or should the state allow what is otherwise legal because to prohibit it amounts to little more than an act of petulance done because we are disgusted by the sex act?
Your comments to Bill the drill about the application of public health laws is interesting. It seems that we as a society tie ourselves into all kinds of knots when we address this issue.