EqualityWithoutMarriage.org

 

It is possible for same sex couples
 to achieve all of the rights and benefits
 of marriage through civil unions.

We have been told marriage offers many benefits that civil unions do not. As a result, many Americans mistakenly believe that the federal rights obtained though marriage (e.g. filing joint income tax or immigration rights for a foreign spouse) can be granted to same sex couples by state governments. This is false. States have no authority to grant federal rights to same sex couples. Federal rights can only be granted by the federal government.

Example: None of the federal benefits of marriage are available to same sex couples married in Massachusetts.

Therefore, the difference is not between “marriage” and “civil unions” but between rights granted by state governments rather than rights granted by the federal government.

Example: Federal rights granted to same sex marriages in Massachusetts are exactly the same as Vermont’s civil unions and California’s domestic partners: zero.

Can all the federal benefits of marriage be granted to civil unions?

Yes!

The federal government has the constitutional authority to EQUALLY grant rights and benefits, currently associated only with marriage, to same sex couples under the title of marriage, civil union, domestic partners or any other title the federal government chooses.

Example: Civil partnerships in the United Kingdom, granted under the Civil Partnership Act 2004, give same-sex couples rights and responsibilities identical to civil marriage. Civil Partners are entitled to the same as civilly married heterosexual couples, the same exemption as married couples on inheritance tax, social security and pension benefits, and also the ability to get parental responsibility for a partner's children, as well as responsibility for reasonable maintenance of one's partner and their children, tenancy rights, full life insurance recognition, next-of-kin rights in hospitals, and others. There is a formal process for dissolving partnerships akin to divorce.

California law (AB 205) says that every law, court decision and regulations that pertains to marriage in the State of California will equally apply to domestic partners (California’s term for civil unions).

A similar law could be passed on the federal level.  If there were such a federal law then couples with civil unions could file joint income tax returns and sponsor foreign spouses for immigration, just like heterosexually married couples.

If congress passed such a law would President Bush sign it or veto it? Impossible to say but…

On October 26, 2004, in an interview aired by ABC, the President of the United States, George W. Bush said, “I don’t think we should deny people rights to a civil union, a legal arrangement, if that’s what a state chooses to do so. I view the definition of marriage different from legal arrangements that enable people to have rights. States ought to be able to have the right to pass laws that enable people to be able to have rights like others.”

If President Bush would not sign such a law, what then?

On January 20, 2009 there will be a new president.  Most major candidates for president say they support civil unions.  None of the major candidates for president supports same sex marriage.


Since trying to achieve the right to marry for same sex couples the following has happened:

1. Two thirds of Americans live in states with constitutional amendments prohibiting same sex marriage.

2. One third of Americans live in states with constitutional amendments which also prohibit civil unions and domestic partners.

3. Same sex couples in Massachusetts have achieved the right to marry but still do not have many of the rights and benefits of marriage that heterosexual couples have in the United States.

4. On July 6, 2006, the New York Court of Appeals (the highest court in the State of New York) denied the same sex couples the right to marry because same sex couples make more responsible parents; therefore, in order to protect children only opposite sex couples should be allowed to marry. (Hernandez vs. Robles)

5. One week after New Jersey passed a civil union policy a poll showed 60% of that state's voters supported all of the same rights and benefits of marriage for same sex couples through civil unions, and 44% supported same sex marriage.

Given these facts:

What are the chances of achieving all of the rights and benefits of marriage for same sex couples through marriage?

What are the chances of achieving all of the rights and benefits of marriage for same sex couples through civil unions?



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