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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