For a decade, and in more editorials here than we can remember, we have said government by referenda is ineffective and inefficient. If you ever doubted our KSBW Editorial Board on this point, you need to look no further than this past election. Prop 8 now stands as the poster child for dysfunctional government by referenda. One side votes and prevails; the other says it’s unfair. Year after year it goes on. The issues change; indeed the “winners” and “losers” are interchangeable. Development, water, marijuana, tax schemes. This is why we have representative government.

Now on the current debate on marriage, we forget that holy matrimony dates back as a sacrament in most all religions around the world. A thousand plus years ago, government had the clever idea that co-opting “marriage,” this religious institution, was a great way to ensure social order, deal with legal and property issues, and provide some level of protection for children. Perhaps the most controversial proposition we could take on next would be to REMOVE government from the marriage business. It’s not as far fetched as it first sounds. Couples could register with the government, pay some appropriate fee as now, and get their official “license of union.” Immediately, all the legal rights and responsibilities enjoyed right now by those joined in marriage or civil union, would be theirs. The couple could then proceed to whatever religious institution that would agree to marry them. Some churches, synagogues, temples, or mosques might agree; many might not. But no one would be able to fight over losing “rights” or freedoms.

Maybe it is not as preposterous as it first sounds. In ages past, the government got into marriage because organized religion made marriage so well-ordered. For many, marriage is a holy bond; for others, it’s a heartfelt commitment. Either way, if the government stuck with legal registration and religious organizations dealt with the institution of marriage, perhaps we’d all be able to live with a lot less drama.