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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: How do psychedelics affect sexuality and intimacy? futurity.org A moment that changed me: I used a pseudonym on a dating app - and started exploring my sexuality The Guardian Age, education linked to sexual dysfunction in women with MS Multiple Sclerosis News Today Psychedelics May Enhance Intimacy, Attraction, and Sexual Expression Neuroscience News Can luxury sell sexual wellness? Vogue Business The age of sexual enlightenment in ‘Bob & Carol & Ted & Alice’ Far Out Magazine Why is a woman’s sexuality so controversial? The Commonwealth Times Democrats, school advocates continue pushback against ‘redundant’ human sexuality bill News From The States Wildwood man arrested, accused of sexually assaulting a child several times NBC10 Philadelphia Northwestern student group offers free 'Plan B Hotline' to advance 'healthy sexuality' Campus Reform Gender and Sexuality Resource Center unveils new home northernstar.info OPINION: The “Femininomenon” of women’s sexuality in music The Red & Black Special education teacher accused of sexually assaulting 15-year-old boy during tutoring session WNDU What’s Really Happening During ‘Squirting’? A Deep Dive into the Science Scientific American Midland woman charged with sexual conduct involving 17-year-old Benzie County Record Patriot Two Jackson Hole nurses start sexual health nonprofit JHNewsAndGuide.com Police shuts down KidFlix child sexual exploitation platform BleepingComputer SNAP complaint against top cardinal involves priest defrocked for sexual misconduct Crux | Taking the Catholic Pulse US: Indian national sentenced to 35 years in prison for sexual exploitation of minors, child pornography Deccan Herald Middletown man pleads guilty to sexually exploiting toddler on Snapchat Hamilton In-depth, Investigative News from Journal-News India national gets 35 years of jail in US for sexual exploitation of minors, child pornography India TV News N.Y.C. Cannabis Boss Resigns Amid Sexual Harassment Investigation The New York Times A MN Teacher of the Year is accused of sexual abuse. It’s not the first time. FOX 9 Minneapolis-St. Paul Everman deputy fire chief, another man charged with sexual assault FOX 4 News Dallas-Fort Worth Deer Park church pastor faces backlash after attacking sexuality of DPISD superintendent finalist Houston Public Media Man accused of breaking into victim's North Austin home, then sexually assaulting and robbing them KVUE PRESS RELEASE: Indian-national in Edmond sentenced to 35 years for sexually extorting minors online Oklahoma City Free Press Israeli said arrested in Thailand after Finnish tourist alleges sexual assault - The Times of Israel Israeli said arrested in Thailand after Finnish tourist alleges sexual assault The Times of Israel Former El Paso Zoo employee files sexual harassment lawsuit against supervisor, zoo director El Paso Matters Sexual violence in the Church: the African taboo JusticeInfo.net Is Sexuality a Matter of First Importance? Christianity Today Air Force Academy football player facing sexual assault charge Colorado Springs Gazette Medina dentist charged with solicitation, accused of trying to pay employee for sexual favors Cleveland 19 News WATCH: “Southern Hospitality’s” Lake Rucker Talks Exploring her Sexuality and Season 3 Drama - GLAAD Former Edgar County teacher arrested on sexual assault charges The Prairie Press Sexual Assault Lawsuit Against Diddy Dismissed After Anonymous Plaintiff Failed to Identify Herself Yahoo News New Zealand TPD: Undercover agents arrest Detroit man who travelled to Toledo for sexual relations with minors WTVG Ex-Johnston County chorus teacher accused of more sex crimes with 17-year-old Raleigh News & Observer Wood County Commission declares April as Sexual Assault Awareness Month mariettatimes.com B.C. doctor suspended over sexual relationship with former patient Goldstream News Gazette Executive Order Targets Prohibitions Against Sexual Orientation and Gender Expression Discrimination Littler Mendelson P.C. Staff | Center for Women, Gender & Sexuality | Student Affairs UMass Dartmouth Pentagon Reaches Settlement With Veterans Dismissed Over Sexuality The New York Times Let’s talk about sex: Exploring the psychology of human sexuality The Rocky Mountain Collegian DoD Report on Sexual Harassment and Violence at the Military Service Academies, Academic P U.S. Department of Defense (.gov) Not Just a Joke: Understanding & Preventing Gender- & Sexuality-Based Bigotry Southern Poverty Law Center Executive Order Targets Prohibitions Against Sexual Orientation and Gender Expression Discrimination Littler Mendelson P.C. The importance of human sexuality in counseling www.counseling.org Sabrina Carpenter Is Proof That Artists Shouldn’t Have To Sacrifice Their Sex Appeal For Success buzzfeed.com 70% of sexual assault cases in Guyana involve children; Over 300 cases reported every month newssourcegy.com |
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