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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: 'On Swift Horses' director says Daisy Edgar-Jones' bond with Jacob Elordi 'transcends sexuality' Entertainment Weekly JoJo Siwa Clarifies Her Sexuality on 'Celebrity Big Brother' Weeks After Mickey Rourke's Exit People.com The Texas Legislature is having big battles over gender and sexuality. Track them here. The Texas Tribune ‘Spring Awakening’ provides a mirror into society's treatment of teenage sexuality The Daily Cardinal European rights court finds France failed to protect child victims of sexual assault JURIST Legal News Portland teacher who was sexually harassed by middle school boys settles lawsuit for $300K OregonLive.com Authorities warn Sonoma County barn owners after man makes sexually suggestive comment about child The Press Democrat Human sexuality instruction bill heads to governor — without consent repeal Indiana Public Media In Hockey Canada sexual assault trial, judge declares mistrial; jury empaneled for next week The New York Times Ravens draft Marshall edge rusher Mike Green, a polarizing talent The Baltimore Banner Judge declares mistrial in Hockey Canada sexual assault case Pittsburgh Post-Gazette Sexual assault, harassment up at CU Boulder Boulder Weekly Former Hennepin County judge reprimanded for pattern of sexual harassment, relationship with clerk Star Tribune Fairfield Central High School band director arrested on sexual battery charge, sheriff's office says WLTX Jojo Siwa's partner Kath opened up about sexuality as Jojo declared she's 'not a lesbian' on CBB LADbible Creep Indiana pol learns his fate for sick sexual assault on his own daughter on nightmare 21st birthday trip to Vegas New York Post LLCC showcases Sexual Assault Survivor exhibit The Breeze-Courier Pa. man, 22, wanted in relation to alleged sexual assault of 12-year-old Pine Hill girl Courier-Post Park City man faces 10 felony charges for possessing child sexual abuse material TownLift, Park City News Cardington man indicted on 41 counts in connection with pandering sexually-oriented materials involving minors Richland Source Doctors or Sexual Predators? Jakarta Globe Public Safety Alert, Sexual Assault/Distraction Theft Investigation, Scarborough area, Images Released Toronto Police Service Modern Love: Monogamy as sexual orientation Aspen Daily News Montgomery man, 84, accused of sexually assaulting minors, now faces 127-count indictment Shaw Local Democrats, school advocates continue pushback against ‘redundant’ human sexuality bill Indiana Capital Chronicle Man travels from Texas to Arizona to sexually abuse 12-year-old for hours, feds say - Sacramento Bee AI images of child sexual abuse getting ‘significantly more realistic’, says watchdog - The Guardian Dance Moms star JoJo Siwa finds the truth about her sexuality, says ‘I'm not a lesbian’ Hindustan Times A moment that changed me: I used a pseudonym on a dating app - and started exploring my sexuality The Guardian WATCH: “Southern Hospitality’s” Lake Rucker Talks Exploring her Sexuality and Season 3 Drama - GLAAD Not Just a Joke: Understanding & Preventing Gender- & Sexuality-Based Bigotry Southern Poverty Law Center The Unusual Epistle that Helps Me Counsel on Sexuality Christianity Today Reflecting on sexuality through female artists The Bowdoin Orient What Is JoJo Siwa’s Sexuality? Singer Makes It Clear On Celebrity Big Brother: I Am Not A Lesbian Newsx Is Sexuality a Matter of First Importance? Christianity Today Jaime Campos sentenced to prison for sexually abusing teen that resulted in pregnancy East Idaho News Staff | Center for Women, Gender & Sexuality | Student Affairs UMass Dartmouth Let’s talk about sex: Exploring the psychology of human sexuality The Rocky Mountain Collegian Pentagon Reaches Settlement With Veterans Dismissed Over Sexuality The New York Times ‘Used unfettered power to sexually abuse women’: Harvey Weinstein’s rape retrial begins The Indian Express Bothell HS band teacher arrested for alleged sexual misconduct with former student - MyNorthwest.com Sexual Health Fred Hutchinson Cancer Center The importance of human sexuality in counseling www.counseling.org JoJo Siwa makes sexuality confession amid ‘flirty’ Chris Hughes friendship as partner 'disappears' GB News UF SG started a Gender and Sexuality Protection agency. What’s next? The Independent Florida Alligator National Sexual Assault Awareness and Prevention Month, 2025 The White House (.gov) Shawn Mendes Is Still ‘Figuring Out’ His Sexuality. Let’s Give Him—and Others Like Him—Some Grace Vogue Sexual Orientation and Gender Identity (SOGI) Equity Work Group Rhode Island Department of Health (.gov) |
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