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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: Montana Representative proposes parental opt-in for sex ed on sexuality and gender identity KPAX News Religious Israelis abuzz over study on gay sexual experiences in gender-segregated schools - Haaretz The Unusual Epistle that Helps Me Counsel on Sexuality ChristianityToday.com Senators Debate Sexual Orientation, Gender Identity In Schools West Virginia Public Broadcasting Former Spanish football chief guilty of sexual harassment Voice of America Pine Bush man who pleaded guilty to child sexual abuse sentenced 18 years in prison Times Herald-Record Is it overly sexual, or is it just queer? Daily Trojan Online Official: Waverly Community Schools staff member under investigation for sexual misconduct Lansing State Journal Is Sexuality a Matter of First Importance? ChristianityToday.com Spain’s Ex-Soccer Chief Convicted of Sexual Assault for Kissing Star Player The New York Times Spain’s ex-football chief Luis Rubiales found guilty of sexual assault Al Jazeera English Former church worker Abraham Molina arrested and charged with child sexual assault in Conroe, Montgomery County deputies say ABC13 Houston “Forced to Give Up on Their Dreams”: Sexual Violence against Girls in Guatemala | HRW Human Rights Watch Sabrina Carpenter Is Proof That Artists Shouldn’t Have To Sacrifice Their Sex Appeal For Success BuzzFeed Sexual Orientation and Gender Identity (SOGI) Equity Work Group RI.gov: Rhode Island Government Luis Rubiales guilty of sexual assault and fined €10,000 for kissing Jenni Hermoso at World Cup - The Athletic The Athletic Charge for sexual assault on a child filed against soccer coach in Aurora Public Schools FOX 31 Denver Lincoln’s Sexuality Rough Draft Atlanta Alexander Brothers Face More Lawsuits Accusing Them of Sexual Assault The New York Times Lee College professor accused for sexually assaulting woman he met on Tinder KPRC Click2Houston Where do sexual offenders live in the Houston area? KPRC Click2Houston City contract worker accuses New Orleans homeless czar Nathaniel Fields of sexual harassment WDSU New Orleans Man faces new sexual misconduct charge after previous conviction Mankato Free Press Executive Order Targets Prohibitions Against Sexual Orientation and Gender Expression Discrimination Littler Mendelson PC 23-year-old Mio woman arraigned on six felony counts for sexual assault of a minor in 2022 UpNorthLive.com Back in bloom: Gender and Sexuality Center presents spring programs, invites community nominations The University of Rhode Island 'MORE VICTIMS': Former soccer coach accused of sexual abuse of soccer players WPTV News Channel 5 West Palm Man Accused of Sexual Assault InDepthNH.org NFL investigates Baltimore Ravens' Justin Tucker after allegations of inappropriate sexual behavior, Baltimore Banner reports CBS Baltimore Broward County health center employee arrested for sexual battery; detectives seek additional victims WSVN 7News | Miami News, Weather, Sports | Fort Lauderdale Instruction Concerning Human Sexuality (SB 442) ACLU of Indiana New Allegation of Sexual Misconduct Swirls Around CPAC Chair Matt Schlapp The New York Times El Capitan High School employee arrested in Merced following sexual assault allegation - KMPH Fox 26 Court papers reveal man killed in Finger Lakes was sexually assaulted and beaten over a month syracuse.com Charged Houston Police captain accused of molesting, sexually assaulting child for years KPRC Click2Houston Shawn Mendes Is Still ‘Figuring Out’ His Sexuality. Let’s Give Him—and Others Like Him—Some Grace Vogue Spain's former football chief Luis Rubiales convicted of sexual assault over forced kiss FRANCE 24 English Docs: Hartford City man charged after reportedly sexually abusing family member for years FOX 59 Indianapolis Staff | Center for Women, Gender & Sexuality | Student Affairs UMass Dartmouth The importance of human sexuality in counseling American Counseling Association Marshall County Sheriff's Office: Jury delivers guilty verdict in sexual abuse case Local 5 - weareiowa.com Legislation would allow criminal and civil penalties for creating sexual deepfake content City Pulse NFL investigating Justin Tucker's sexual misconduct allegations, interviewing accusers: reports Fox News Health Canada is again warning people to stop using unauthorized sexual enhancement products CBC News Robbie Williams on Sexuality Rumors: ‘You’ve Never Met Somebody That Wants to Be Gay as Much as Me’ Variety Comprehensive sexuality education UNFPA News Chicago Priest Removed From Ministry After Allegations of Child Sexual Abuse National Catholic Register Researchers explain social media’s role in rapidly shifting social norms on gender and sexuality UC Santa Cruz |
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