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1,138 reasons for same-sex marriage
March 15, 2004, 8:54 PM EST
There are 1,138 practical reasons that same-sex couples may want to be recognized as married in the eyes of the law.
That's the number of legal protections and benefits the federal government makes available to people who are "husband" and "wife" or a "spouse," according to a federal study. Those benefits -- ranging from Social Security and veteran's payments to housing and health care -- are out of reach for gay and lesbian couples.
There have been some gains, such as a recent ruling that same-sex partners are entitled to federal awards given to families of victims of Sept. 11. But, in most cases, same-sex couples can't be a part of the legal milestones that accompany life in heterosexual marriage.
And while some benefits can be attained, in part at least, through drawing up legal papers, it's an expensive, complicated process.
"The benefits cut across every area of life, but marriage brings them all without having to think them through and spend money and consult lawyers," said Evan Wolfson, executive director of Freedom to Marry, a national organization promoting same-sex marriage.
And even when same-sex couples go out of their way to draw up the necessary documents, they often still fall short. For example, a so-called living will can spell out that a same-sex partner has the right to visit and make decisions for an incapacitated spouse.
"But even if you're smart and rich enough to have done that, what happens if you have an accident while traveling and you don't carry it around with you or what if a family member wants to take you to court to contest it? That would never happen if you were married," said Peter Sherwin, a Manhattan attorney who authored the Association of the Bar of the City of New York's Report on Same-Sex Marriages and is preparing a similar report for the state bar.
Same-sex couples who buy a home together can arrange for a partner to inherit the home, in the event one partner dies. But, unlike married people, the survivor has to pay taxes on the deceased partner's half.
If a same-sex partner doesn't write up a will, his or her estate doesn't automatically go to the surviving partner, unlike married couples. But even if there is a will, the survivor still must pay taxes on the estate, unlike married couples, and the same applies to 401(k) benefits.
Unlike married people, same-sex partners don't get to share or inherit their spouse's Social Security benefits, veteran's benefits, and workmen's compensation benefits and they can't sue for wrongful death on behalf of their partner. They can't file joint tax returns -- and thereby qualify for certain tax benefits. They aren't entitled to alimony, and if one is an immigrant, the other doesn't have a right to be a legal resident, according to the federal study completed in 1997 and updated in 2003.
Moreover, the children of same-sex couples don't have the same automatic access to their parent's benefits or child support, if there is a split. Both parents can't make the same kind of medical decisions for their children, as well.
Copyright © 2004, Newsday, Inc.
So what do you think? It's sound interesting.
March 15, 2004, 8:54 PM EST
There are 1,138 practical reasons that same-sex couples may want to be recognized as married in the eyes of the law.
That's the number of legal protections and benefits the federal government makes available to people who are "husband" and "wife" or a "spouse," according to a federal study. Those benefits -- ranging from Social Security and veteran's payments to housing and health care -- are out of reach for gay and lesbian couples.
There have been some gains, such as a recent ruling that same-sex partners are entitled to federal awards given to families of victims of Sept. 11. But, in most cases, same-sex couples can't be a part of the legal milestones that accompany life in heterosexual marriage.
And while some benefits can be attained, in part at least, through drawing up legal papers, it's an expensive, complicated process.
"The benefits cut across every area of life, but marriage brings them all without having to think them through and spend money and consult lawyers," said Evan Wolfson, executive director of Freedom to Marry, a national organization promoting same-sex marriage.
And even when same-sex couples go out of their way to draw up the necessary documents, they often still fall short. For example, a so-called living will can spell out that a same-sex partner has the right to visit and make decisions for an incapacitated spouse.
"But even if you're smart and rich enough to have done that, what happens if you have an accident while traveling and you don't carry it around with you or what if a family member wants to take you to court to contest it? That would never happen if you were married," said Peter Sherwin, a Manhattan attorney who authored the Association of the Bar of the City of New York's Report on Same-Sex Marriages and is preparing a similar report for the state bar.
Same-sex couples who buy a home together can arrange for a partner to inherit the home, in the event one partner dies. But, unlike married people, the survivor has to pay taxes on the deceased partner's half.
If a same-sex partner doesn't write up a will, his or her estate doesn't automatically go to the surviving partner, unlike married couples. But even if there is a will, the survivor still must pay taxes on the estate, unlike married couples, and the same applies to 401(k) benefits.
Unlike married people, same-sex partners don't get to share or inherit their spouse's Social Security benefits, veteran's benefits, and workmen's compensation benefits and they can't sue for wrongful death on behalf of their partner. They can't file joint tax returns -- and thereby qualify for certain tax benefits. They aren't entitled to alimony, and if one is an immigrant, the other doesn't have a right to be a legal resident, according to the federal study completed in 1997 and updated in 2003.
Moreover, the children of same-sex couples don't have the same automatic access to their parent's benefits or child support, if there is a split. Both parents can't make the same kind of medical decisions for their children, as well.
Copyright © 2004, Newsday, Inc.
So what do you think? It's sound interesting.
