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To: South40
I am slowly making my way through the decision - which, on its face, is not without merit (IMHO), in that California has stripped the right to use the name marriage without any change in underlying responibilities or rights.

However, there is one significant right of marriage same-sex couples should NOT enjoy - though the decision specifically says they do:

"Enjoy the presumption of parentage as to a child born of either partner"

First, I believe that the court is in error - I know of no state where a married woman enjoys the presumption of parentage to any child of her husband. If the child is born by a woman other than the wife it is clearly a child to whom the wife should not have parental obligation (leaving aside a possible argument on the use of surrogate mothers). But, in pre-DNA days when natural fatherhood could be difficult to ascertain, there was and still is a presumption that the husband is the father of a child born to his wife.

This becomes ridiculous on it's face in a same sex marriage - it is biologically impossible that a same sex spouse has a natural parental relationship with a child born to their partner.

Therefore, same-sex couples should be denied the presumption of parentage (except in cases of adoption) - and this marks the difference in law between a domestic-partnership and a marriage.

39 posted on 02/07/2012 11:49:00 AM PST by In Maryland ("Truth? We don't need no stinkin' truth!" - Official Motto of the Main Stream Media)
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To: In Maryland

In all or most states, children born of married parents are presumed by law to be the biological offspring of the husband, unless he chooses to challenge paternity.


50 posted on 02/07/2012 1:08:44 PM PST by Coronal
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