Domestic Partnership v. Marriage

I can't tell you how many times I have heard, "well I am okay with you have domestic partnership.... but marriage, no way! It's the same rights anyway."

This mentality is the "separate but equal" mentality that has proven failure in every instance used before and is false. Separate and unequal. There are many differences between Domestic Partnership (in some states - civil unions) and marriage. It can be confusing - a lot of times this confusion can be intentionally caused and sometimes its just lack of awareness.. What, then, are the major differences?

It is important to note, though, that I am speaking directly to California which is one of the more "fortunate" states in the rights domestic partnership offers. Many states, like Washington, offer very very very few.

So onward:


Taxes - Domestic Partnerships are not recognized by the federal government. Therefore, any taxes must be filed seperately and the benefits married couples receive do not apply to gay and lesbian couples.

Universal Recognition - Domestic Partnerships are recognized by the state only. If they travel to another state, this holds no value. An important example is a vacation - if my girlfriend and I were on vacation and became ill or injured to the point of hospitlization, there is no universal recognition of our relationship so there is no guarantee that i would be allowed to see her in the hospital, have an opinion in her care, or any other decision-making ability.

Immigration: Heterosexual couples have the ability to sponsor their partner who is not a US resident. This will help them gain citizenship and legal recognition. This is not an option for domestic partnerships and can, in fact, cause the government to look closer into their relationship and be more skeptical in granting citizenship. In this circumstance, it is recommended for the couple to seek legal advice.

Benefits: The General Accounting Office in 1997 released a list of 1,049 benefits and protections available to heterosexual married couples. "These benefits range from federal benefits, such as survivor benefits through Social Security, sick leave to care for ailing partner, tax breaks, veterans benefits and insurance breaks. They also include things like family discounts, obtaining family insurance through your employer, visiting your spouse in the hospital and making medical decisions if your partner is unable to." Though some of these are awarded to domestic partners, not all of them are.
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From About.com:
But can’t a lawyer set all this up for gay and lesbian couples?

No. A lawyer can set up some things like durable power of attorney, wills and medical power of attorney. There are several problems with this, however.

1. It costs thousands of dollars in legal fees. A simple marriage license, which usually costs under $100 would cover all the same rights and benefits.
2. Any of these can be challenged in court. As a matter of fact, more wills are challenged than not. In the case of wills, legal spouses always have more legal power than any other family member.
3. Marriage laws are universal. If someone’s husband or wife is injured in an accident, all you need to do is show up and say you’re his or her spouse. You will not be questioned. If you show up at the hospital with your legal paperwork, the employees may not know what to do with you. If you simply say, "He's my husband," you will immediately be taken to your spouse's side.

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From the outside, the separate and equal seems like a pretty good idea. Hey, they gays get their rights without infringement on the religious view of marriage. Nice! However, there are many places where the law fails to protect the rights of the gay community.

I encourage all of you to do your research, know your facts, and when it comes time - make the decision for equality. Please don't forget: The United States Constitution guarantees equality for all.

Love will prevail. Don't give up.

Peacefully,
Whitney

Most Excellent News

A win for many:

President-elect Barack Obama is moving swiftly to appoint homosexual activists to positions within his administration.

Politico.com reports that 10 national homosexual organizations are working with the Obama transition team to get more openly homosexual people appointed to the incoming administration. Obama's transition team has also reportedly named at least seven openly homosexual people to transition panels assigned to review federal departments and agencies. Three of the seven homosexuals on transition panels have held high-level positions in the Clinton administration.
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Hope was the message that Obama's campagin ran on. Hope for a brighter future. Hope for a competent and successful leader. Hope for peace - both at home and abroad. and Hope for a fair-minded and just community.

Hope is what he brought the White House. Hope is what he gave us all... and his Hope has turned into Action.

Believing in the Change,
Whit