Obama must know this won't work

President-elect Obama has posted his Civil Rights Agenda at his change.gov site. Among the items are these two which are relevant to this blog:

• Support Full Civil Unions and Federal Rights for LGBT Couples: Barack Obama supports full civil unions that give same-sex couples legal rights and privileges equal to those of married couples. Obama also believes we need to repeal the Defense of Marriage Act and enact legislation that would ensure that the 1,100+ federal legal rights and benefits currently provided on the basis of marital status are extended to same-sex couples in civil unions and other legally-recognized unions. These rights and benefits include the right to assist a loved one in times of emergency, the right to equal health insurance and other employment benefits, and property rights.


• Oppose a Constitutional Ban on Same-Sex Marriage: Barack Obama voted against the Federal Marriage Amendment in 2006 which would have defined marriage as between a man and a woman and prevented judicial extension of marriage-like rights to same-sex or other unmarried couples.

Regarding Civil Unions, how could he seriously be proposing Civil Unions with all the rights of marriage after every state court that has addressed the issue has said that is unconstitutional to use a different name for same-sex unions with the same rights? He said he "respects" the California court's decision, but that's hard to reconcile with supporting the very solution that they rejected as harmful and unconstitutional. The fact is, almost no one supports civil unions that are "marriage in all but name", even if they were constitutional, so it's not going to work. But he can still accomplish federal recognition of Civil Unions that give all those 1,100+ federal legal rights, and, he can do it in a way that preserves marriage and makes the Federal Marriage Amendment unnecessary: by enacting the Egg and Sperm Civil Union Compromise to prohibit genetic engineering and same-sex conception by limiting conception to a man and a woman's sperm and egg, preserve marriage as conception rights, and recognizing Civil Unions that are defined as "marriage minus conception rights".