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I've been away from DU for a while, so I realize that this issue has somewhat lost its 1st place importance, but my mom just compiled this great list. She's been a prominent outspoken gay Californian who worked against Prop 8. Pass this on, and use it how you will. All I ask is if you like it, Rec it. But perhaps this will show SEPARATE BUT EQUAL is not truly equal.
Rights of Marriage and Not Domestic Partnerships
What are some of the differences between Civil Unions and Gay Marriage?
RECOGNITION IN OTHER STATES:
Even though each state has its own laws around marriage, if someone is married in one state and moves to another, their marriage is legally recognized. For example, Oregon marriage law applies to people 17 and over. In Washington state, the couple must be 18 to wed. However, Washington will recognize the marriage of two 17 year olds from Oregon who move there. This is not the case with Civil Unions. If someone has a Civil Union in Vermont, that union is not recognized in any other state. As a matter of fact, two states, Connecticut and Georgia, have ruled that they do not have to recognize civil unions performed in Vermont, because their states have no such legal category. As gay marriages become legal in other states, this status may change.
DISSOLVING A CIVIL UNION V. DIVORCE:
Vermont has no residency requirement for Civil Unions. That means two people from any other state or country can come there and have a civil union ceremony. If the couple breaks up and wishes to dissolve the union, one of them must be a resident of Vermont for one year before the Civil Union can be dissolved in family court. Married couples can divorce in any state they reside, no matter where they were married.
IMMIGRATION:
A United States citizen who is married can sponsor his or her non-American spouse for immigration into this country. Those with Civil Unions have no such privilege.
TAXES:
Civil Unions are not recognized by the federal government, so couples would not be able to file joint-tax returns or be eligible for tax breaks or protections the government affords to married couples.
BENEFITS:
The General Accounting Office in 1997 released a list of 1,049 benefits and protections available to heterosexual married couples. These benefits range from federal benefits, such as survivor benefits through Social Security, sick leave to care for ailing partner, tax breaks, veterans benefits and insurance breaks. They also include things like family discounts, obtaining family insurance through your employer, visiting your spouse in the hospital and making medical decisions if your partner is unable to. Civil Unions protect some of these rights, but not all of them.
BUT CAN’T A LAWYER SET ALL THIS UP FOR GAY AND LESBIAN COUPLES?
No. A lawyer can set up some things like durable power of attorney, wills and medical power of attorney. There are several problems with this, however.
1. It costs thousands of dollars in legal fees. A simple marriage license, which usually costs under $100 would cover all the same rights and benefits.
2. Any of these can be challenged in court. As a matter of fact, more wills are challenged than not. In the case of wills, legal spouses always have more legal power than any other family member.
3. Marriage laws are universal. If someone’s husband or wife is injured in an accident, all you need to do is show up and say you’re his or her spouse. You will not be questioned. If you show up at the hospital with your legal paperwork, the employees may not know what to do with you. If you simply say, "He's my husband," you will immediately be taken to your spouse's side.
The United States Constitution guarantees equality for all. As you can see, marriage and civil unions are not the same. Creating equal access to marriage is the only fair way to ensure equality for gay and straight couples alike.
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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