On "De Facto" Gay Marriage

From an op-ed piece in the Annapolis Capital:

Here's how inevitable gay marriage is in Maryland, in one form or another. There was a debate on the issue last week in Annapolis, and the supporters didn't even bother speaking.

True, it wasn't actually a debate over a marriage or civil union bill; it was a General Assembly committee hearing about insurance regulations, not ordinarily one of the more scintillating shows in town.

But make no mistake, this was about gay marriage. By a 12-4 vote, a joint Senate-House committee approved inserting a definition of "domestic partner" into state insurance rules.

And give them credit: The self-appointed defenders of "family values" can see the writing on the wall. Heck, Del. Don Dwyer, R-Glen Burnie, showed up to complain, and he's not even on the committee.

Is this, as the moralists fear, an end-run around the legislature and the courts, which so far have declined to bring civil unions or gay marriage to Maryland? Are administrative rules like this a way to do piecemeal what lawmakers won't do in one fell swoop?

Absolutely, and it's going to work.

[snip]

Once there is de facto gay marriage, changing the law to reflect that reality (whether we call it marriage or temporarily use a euphemism like "civil union" to appease the religious right) won't seem like such a huge step.

We're already seeing this happen in New Jersey.