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Legal Protection for Same-Sex Couples
Has anyone considered a compromise solution to the issue of legalization of same-sex marriages? As an attorney who has spent years conducting research on the advantages and disadvantages of marriage vs. living together, my viewpoint is a legal one, unobscured by religious or moral questions. Legal recognition of a status for these couples is called for, as is their current need for self-help in making the laws work for them while they are still in flux. Traditionally and legally, marriage has been defined as a union of a man and woman. Changing that definition is at the heart of the problem. Marriage, throughout history, has had more to do with procreation than romantic love or legal convenience. This legal definition and the issue of procreation have both been used to bolster the denial of the right of same-sex marriage. What same-sex couples need, and should have, is the ability to form a legal relationship. The semantics used to describe this relationship should not matter as much as the rights and duties arising from it. Denial of these rights is the discrimination same-sex couples decry. We should not forget that only during the last generation was the denial of the right of marriage to members of different races overturned. The law is meant to serve the needs of the members of society - including same-sex couples. My compromise solution is a law which allows same-sex couples the right to a legal relationship without the hot-button title of "marriage." With a simple change of terms, these couples could become legal "domestic partners" which confer the same rights and duties of their state's marriage contract. Similar licensing statutes could be enacted, along with the inevitable relationship dissolution laws. The marriage contract from any state comes with built-in advantages and disadvantages. Married couples are bestowed with automatic inheritance rights. They enjoy the right to sue for loss of consortium if a third party injures their spouse, denying them services and companionship. Because a married couples has rights, they cannot be denied hospital visitation or the right to make medical decisions for each other. Employers often offer medical coverage and benefits to spouses of employees. Why should same-sex couples be denied these benefits? Couples who live together do have flexibility to create their own rights and duties vis-a-vis each other. A same-sex couple can execute wills, written cohabitation agreements, durable powers of attorney for health care (giving a partner the right to hospital visitation and the right to make medical decisions in the event of an emergency) and, with careful financial awareness, create many of the advantages of marriage. The question of medical insurance and benefits should be balanced against the "marriage penalty tax," which still exists. The denial of the choice to same-sex couples, however, is the true discrimination. Same-sex couples should have the option of forming a legal relationship under the law, no matter what title it is given. About The Author Johnette Duff is the author of The Spousal Equivalent Handbook: a legal and financial guide to living together, The Marriage Handbook: a legal and financial guide to your spousal rights, and Love After 50: the complete legal and financial guide. Nationally, she has appeared on Today, Good Morning America, CBS This Morning and in The Wall Street Journal, Self, Smart Money, New Woman and Modern Maturity promoting information on love and the law. Ms. Duff has recently opened a web site titled, love and the law.
MORE RESOURCES: RHOBH's Kyle Richards Shares Journey of Questioning Her Sexuality Amid Media Scrutiny - E! Online E! NEWS 'RHOBH' Star Kyle Richards Opens Up About Questioning Her Sexuality Amid Mauricio Umansky Separation Yahoo Entertainment What is demisexuality? I’m a Celebrity star Tulisa Contostavlos reveals her sexuality; know all about it Hindustan Times Why Tulisa no longer has sexual intercourse after announcing she's demisexual in I'm A Celeb episode LADbible Police Report Offers Graphic Details of Sexual Assault Claim Against Hegseth The New York Times Parents in Massachusetts School District Can’t Opt Out of ‘Sexuality,’ ‘Gender Identity’ Lessons The Lion Police records reveal new details about sexual assault allegation against Pete Hegseth The Washington Post 'Strange logic' surrounding sexuality & rape: If husband's needs are fulfilled 'this won't happen' FRANCE 24 English Lawsuit alleges IHOPKC failed to act when minor was sexually harassed, bullied at retreat Kansas City Star 'RHOBH' Star Kyle Richards Opens Up About Questioning Her Sexuality Amid Mauricio Umansky Separation Women's Health Kyle Richards’ Sexuality: Everything the ‘RHOBH’ Star Has Said Amid Mauricio Separation Life&Style Weekly Hamilton business owner admits to sexual assault of 19-year-old Hamilton Journal News Urologist Who Sexually Abused Patients Is Sentenced to Life in Prison The New York Times Defense pick Hegseth paid accuser but denies sexual assault, attorney says The Washington Post Is Sexuality a Matter of First Importance? ChristianityToday.com A Dickinson County Man to Stand Trial on Charges of Criminal Sexual Conduct Against Two Minors Bay Cities Radio Shawn Mendes Is Still ‘Figuring Out’ His Sexuality. Let’s Give Him—and Others Like Him—Some Grace Vogue Romanesque churches’ explicitly sexual carvings were ‘the nobility’s political propaganda’ EL PAÍS USA Alcohol and sexual assault on college campuses: What is KU doing for prevention? The University Daily Kansan Alan Jones, Former Australian Shock Jock, Charged With Sexual Abuse The New York Times The Gendered Battle Over Digital Sexual Abuse in South Korea New Lines Magazine 'American Idol' Star Clay Aiken Bizarrely Brings Up Shawn Mendes' Sexuality During Interview Wide Open Country Arsenal fans’ open letter to club over sexual violence concerns attracts 7,300 signatures The Athletic Trump’s Latest Cabinet Pick Is Also Mired in a Sexual Abuse Scandal The New Republic A week in France - Le Pen's fake jobs trial, Major shifts in sexuality over the last decade, and Notre-Dame FRANCE 24 English ‘For the very first time I really enjoyed sex!’ − how lesbian escort agencies became a form of self-care in Japan The Conversation Senator wants info on inspectors general office sexual harassment settlements - Government Executive Senator wants info on inspectors general office sexual harassment settlements Government Executive Leacock Township man will spend at least a year in county prison for sexually assaulting teenager LNP | LancasterOnline Shocking video shows doctor walking around nude, performing sexual act in front of workers Arizona's Family Trump Stands by Defense Pick Who Says Encounter With Woman Was Not Sexual Assault The New York Times Shawn Mendes Said He Chose To Publicly Discuss His Sexuality Last Month Because He Wants To Live His “Authentic Truth” Yahoo Entertainment Sexual harassment lawsuit filed against Lexington rental property owner, manager LEX 18 News - Lexington, KY Cincinnati doctor under investigation by State Medical Board for alleged sexual misconduct WLWT Cincinnati What is demisexuality, a lesser-known sexual orientation that everyone is talking about? - Firstpost Las Vegas man accused of sexually harassing 17-year-old waitress in Cedar City restaurant - ABC4.com Commissioner’s daughter steps forward as the woman he sexually assaulted in Las Vegas Greenfield Daily Reporter The importance of human sexuality in counseling American Counseling Association |
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