How is that separate but equal? Who is making anyone separate? I'm suggesting the government should treat everyone the same. My understanding of "separate but

How is that separate but equal? Who is making anyone separate? I'm suggesting the government should treat everyone the same. My understanding of "separate but equal" historically had to do with separating students based on race into separate schools. If the government were to say, "OK, call it a marriage, call it whatever you want, but 2 people can form what we call a 'domestic partnership' that creates certain legal rights by filling out this form." How is that separate but equal?