[lbo-talk] Gay marriage

Dennis Claxton ddclaxton at earthlink.net
Wed Nov 12 17:13:22 PST 2008


At 04:59 PM 11/12/2008, Bill Bartlett wrote:


>I never really understood what the problem was with civil unions
>anyhow. It appears these are the same in law as a religious
>marriage. So the only distinction is that the religious element of
>marriage is taken away?

http://lesbianlife.about.com/od/wedding/f/MarriageBenefit.htm

Question: What are the legal benefits of marriage?

With the denial of gay marriage, gay and lesbian couples are kept from more than just a ceremony and marriage certificate. There are many real legal and economic benefits of marriage that gays and lesbians are denied because they are not allowed to marry. What are the legal rights and benefits of marriage?

Answer: According to Lambda Legal Defense, more than 1,400 legal rights are conferred upon heterosexual married couples in the United States. By not being allowed to marry, gays and lesbians are denied these rights. Even in the state of Massachusetts, the only US state with legalized gay marriage, most of the benefits of marriage do not apply, because the <http://lesbianlife.about.com/od/wedding/g/DOMA.htm>Defense of Marriage Act states that the federal government only recognizes marriage as "a legal union of one man and one woman as husband and wife".

Here are some of the legal rights that married couples have and gays and lesbians are denied:

* Joint parental rights of children

* Joint adoption

* Status as "next-of-kin" for hospital visits and medical decisions

* Right to make a decision about the disposal of loved ones remains

* Immigration and residency for partners from other countries

* Crime victims recovery benefits

* Domestic violence protection orders

* Judicial protections and immunity

* Automatic inheritance in the absence of a will

* Public safety officers death benefits

* Spousal veterans benefits

* Social Security

* Medicare

* Joint filing of tax returns

* Wrongful death benefits for surviving partner and children

* Bereavement or sick leave to care for partner or children

* Child support

* Joint Insurance Plans

* Tax credits including: Child tax credit, Hope and lifetime learning credits

* Deferred Compensation for pension and IRAs

* Estate and gift tax benefits

* Welfare and public assistance

* Joint housing for elderly

* Credit protection

* Medical care for survivors and dependents of certain veterans

These are just a few of the 1400 state and federal benefits that gays and lesbians are denied by not being able to marry. Most of these benefits cannot be privately arranged or contracted for within the legal system.



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