Tuesday, January 19, 2010

What exactly are the 1,138 additional rights that are provided to married couples?

That gays want so badly.What exactly are the 1,138 additional rights that are provided to married couples?
Do you want the entire list or just an overview? How about both?





Access to Military Stores


Assumption of Spouse鈥檚 Pension


Bereavement Leave


Immigration


Insurance Breaks


Medical Decisions on Behalf of Partner


Sick Leave to Care for Partner


Social Security Survivor Benefits


Sick Leave to Care for Partner


Tax Breaks


Veteran鈥檚 Discounts


Visitation of Partner in Hospital or Prison





Here are a few of the state level benefits within the United States:








Assumption of Spouse鈥檚 Pension


Automatic Inheritance


Automatic Housing Lease Transfer


Bereavement Leave


Burial Determination


Child Custody


Crime Victim鈥檚 Recovery Benefits


Divorce Protections


Domestic Violence Protection


Exemption from Property Tax on Partner鈥檚 Death


Immunity from Testifying Against Spouse


Insurance Breaks


Joint Adoption and Foster Care


Joint Bankruptcy


Joint Parenting (Insurance Coverage, School Records)


Medical Decisions on Behalf of Partner


Certain Property Rights


Reduced Rate Memberships


Sick Leave to Care for Partner


Visitation of Partner鈥檚 Children


Visitation of Partner in Hospital or Prison


Wrongful Death (Loss of Consort) BenefitsWhat exactly are the 1,138 additional rights that are provided to married couples?
I don't know that I can list over 1100 of them and the exact count and rights would vary by state, however here is a general list:


1. Lower income tax rates for married as opposed to single.


2. Rights to survivor-ship. When a married person dies with out a will all of their property goes to the spouse. This is not the case for gay couples.


3. Rights as family in medical decision cases. If a married person is incapacitated their spouse has the right to make medical decisions for them. Gay couples do not have this right.


4. Other rights as family members. Some hospitals limit visitors to immediate family. This includes spouses but not gay couples.


5. Rights to social security survivor and veterans survivor benefits. These are available to spouses but not to gay couples.
Civil Unions offer some of the same rights and responsibilities as marriage, but only on a state level.








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.Civil Unions are not.


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鈥檛 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鈥檚 husband or wife is injured in an accident, all you need to do is show up and say you鈥檙e 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.
Why ask us? Ask the gays who state such a number. A few come to my mind, such as rights of survivorship in the case of estates, the right to make informed decisions on the behalf of another for medical issues, the equitable distribution of assets and liabilities in the event of a divorce, etc.
I was only able to find 1,049. I'm not sure what the other 89 are. This is only at the federal level. State benefits vary from state to state.





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