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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: BedPost: Porn harms the female sexuality thepostathens.com Sexual Health Center Erie County (.gov) Jared Leto Accused of Sexual Misconduct by Multiple Women: "An Open Secret for a Long Time" Consequence of Sound Rulings Near on Sexuality Cases Assemblies of God (USA) I Was Super Into My Husband’s New Sexual Fixation. Then His Co-Worker Got Involved. - Slate Magazine Jared Leto denies sexual misconduct allegations from multiple women, some who say they were underage Entertainment Weekly Ask a Cleveland Sex Therapist: Sexual vs Romantic Compatibility: Which One is More Important? Cleveland Scene Andrew Cuomo Was Contrite About His Sexual Harassment Scandal. Not Anymore. The New York Times "It's virtually exploded": Children's Advocacy Center sheds light on child sexual exploitation Local 3 News Museum: Artifact shows playful, serious sides of 19th-century sexual health and attitudes The Jerusalem Post Tim McGraw and Faith Hill’s daughter Gracie opens up about her sexuality and clarifies ‘clickbait’ headlines Yahoo Life UK Tim McGraw + Faith Hill’s Daughter Gracie Clarifies Her Sexuality, Slams ‘Clickbait’ Taste of Country Massage therapist accused of sexually assaulting clients inside El Portal home - NBC 6 South Florida Massage therapist accused of sexually assaulting clients inside El Portal home NBC 6 South Florida SCOTUS Sides With Straight Woman in Sexuality Discrimination Case The New Republic Bishop Martyn Snow steps down as lead for Church of England sexuality process Premier Christian News SAPD investigates sexual hazing at Central Catholic High School San Antonio Report Deerfield Academy reaches settlement with sexual abuse victim Greenfield Recorder Police consider whether 'King of the Hill' actor's sexual orientation played a role in his killing ABC News Sexually transmitted infections (STIs) World Health Organization (WHO) Tim McGraw’s Daughter Gracie Clarifies Sexuality: ‘I’ve Been an Out and Proud Queer, Bisexual Woman’ Us Weekly Fired GCMS teacher/coach arrested on sexual-abuse charges The News-Gazette Former Indiana team doctor accused of sexual misconduct by at least 15 men's basketball players Yahoo Sports COLUMN: Hot rods, math and sexuality at the library Salmon Arm Observer Police: Clarion man targeted by 814 Pred Hunters sexually abused child in Punxsy The Punxsutawney Spirit Former DC Talk frontman accused of sexual assault and grooming Premier Christian News Kissimmee Man Arrested for Child Sexual Abuse Material and Drug Possession, Sheriff's Office Says Positively Osceola Your women’s, gender and sexuality studies degree isn’t useless — it’s essential to maintaining democracy The Tufts Daily Former Wyoming Seminary assistant girls wrestling coach charged with sexual assault WVIA Public Media Jonathan Joss: Police Are Investigating Actor’s Sexual Orientation as Motive in His Killing Rolling Stone Teen charged in connection with abduction, sexual assault of 12-year-old girl in Philadelphia CBS News Wander Franco's sexual abuse trial begins in Dominican Republic FOX 13 Tampa Bay Vice President of Intercollegiate Athletics at TSU on administrative leave amid sexual assault allegations FOX 26 Houston Men’s Sexual Health: 5 Things You Need to Know Mass General Brigham Not Just a Joke: Understanding & Preventing Gender- & Sexuality-Based Bigotry Southern Poverty Law Center New Prague man sentenced to 72 years for sexually abusing 2 children 5 EYEWITNESS NEWS Teen groped in Central Park after being asked if he was ‘sexual’ New York Daily News Identity Project provides clarity on gender and sexuality Kentucky Today From sex and sexuality to contraception and consent; it’s all up for discussion on new series, Ar Led Nation.Cymru Judge orders woman who accused ex-Dodgers pitcher Trevor Bauer of sexual assault to pay damages by default Los Angeles Times Elon Musk deletes post claiming Trump’s name appears in sexual offender Jeffery Epstein files financialexpress.com |
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