Tuesday, March 26, 2013

What's Really At Stake?

As we all have heard, today and tomorrow, the United States Supreme Court will hear cases on the Constitutionality of Prop 8 and DOMA (Defense of Marriage Act). A little history to begin. DOMA was enacted after Massachusetts voted to legalize gay marriage in 2004. George W. Bush's reaction to the newly instated Massachusetts law was to create DOMA. DOMA federally recognizes the marriage of different-sex couples, and defines marriage as the union between only one woman and one man. After passing DOMA, Bush was worried that it would one day be tested in the high courts (which is why he also pushed for a Constitutional amendment), and he was right. Today is that day.
When we think of marriage we often forget what marriage actually constitutes. Why does the federal government care about marriage at all? It is definitely not mentioned in the Constitution. The answer lies in the nuclear family model. Individuals are often more self sufficient when they are part of a "wholesome" family unit, which is why the federal government has a hand in the pot when it comes to recognizing marriage. However, marriage isn't the whole story. Benefits are accrued during the time spent married, and it is estimated that marries, different-sex couples receive up to 1000 more benefits than same-sex couples do. And here's the kicker. We just legalized gay marriage in Washington, right? Although couples can marry in that state, they cannot receive any federal benefits, thanks to DOMA.
Here is a short list of rights that same-sex couples (even married ones) are denied:
-Joint parental rights of children
-Joint adoption
-Status as "next-of-kin" for emergency situations, and medical issues
-Right to make a decision about where/what to do with a loved ones remains.
-Immigration and residency for partners from other countries.
-Automatic inheritance in absence of a will.
-Social security
-Medicare
-Spousal veteran benefits
-Joint filing of taxes
-Sick leave/maternity leave to take care of partner/partner's child
-Tax credits
-Estate and gift tax benefits.
And the list goes on. This isn't only about marriage. This is about being equal before the law.
Here is a parting story.
The women pictured below are Edith Windsor and Thea Spyer. After being together 42 years, the couple decided to marry in Canada (their only option) in 2007. Two years after their marriage, Thea succumbed to MS and passed away. Following the death of her partner, Windsor had to pay extremely high inheritance taxes in order to receive Spyer's estate. THIS is what has to stop. Same love.

PHOTO: Edith "Edie" Windsor, right, is pictured with Thea Spye.

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