To be sure, potential DPs have to prove financial interdependence, shared living arrangements, and a commitment to mutual caring. But they don’t need to have a sexual relationship or even closely mirror old-style marriage. In principle, an elderly woman and her live-in nurse could qualify. A couple of uneuphemistically confirmed bachelors could be DPs. So could two close college students, a pair of seminarians, or a couple of frat buddies. Left as it is, the concept of domestic partnership could open a Pandora’s box of litigation and subjective judicial decision-making about who qualifies. You either are or are not married; it’s not a complex question. Whether you are in a “domestic partnership” is not so clear.

More important, the concept of domestic partnership chips away at the prestige of traditional relationships and undermines the priority we give them. This priority is not necessarily a product of heterosexism. Consider heterosexual couples. Society has good reason to extend legal advantages to heterosexuals who choose the formal sanction of marriage over simply living together. They make a deeper commitment to one another and to society; in exchange, society extends certain benefits to them. Marriage provides an anchor, if an arbitrary and weak one, in the chaos of sex and relationships to which we are all prone. It provides a mechanism for emotional stability, economic security, and the healthy rearing of the next generation. We rig the law in its favor not because we disparage all forms of relationship other than the nuclear family, but because we recognize that not to promote marriage would be to ask too much of human virtue. In the context of the weakened family’s effect upon the poor, it might also invite social disintegration. One of the worst products of the New Right’s “family values” campaign is that its extremism and hatred of diversity has disguised this more measured and more convincing case for the importance of the marital bond.

The concept of domestic partnership ignores these concerns, indeed directly attacks them, this is a pity, since one of its most important objectives—providing some civil recognition for gay relationships—is a noble cause and one completely compatible with the defense of the family. But the way to go about it is not to undermine straight marriage; it is to legalize old-style marriage for gays.

The gay movement has ducked this issue primarily out of fear of division. Much of the gay leadership clings to notions of gay life as essentially outsider, anti-bourgeois, radical. Marriage, for them, is co-optation into straight society. For the Stonewall generation, it is hard to see how this vision of conflict will ever fundamentally change. But for many other gays—my guess, a majority—while they don’t deny the importance of rebellion 20 years ago and are grateful for what was done, there’s now the sense of a new opportunity. A need to rebel has quietly ceded to a desire to belong. To be gay and to be bourgeois no longer seems such an absurd proposition. Certainly since AIDS, to be gay and to be responsible has become a necessity.