I reside in Pennsylvania but I work in New York State. Governor David Patterson (who took over when Spitzer left after being caught up in a prostitution ring) reintroduced a bill to allow same sex marriages in New York State. I think this is probably the only thing that Governor Patterson will be remembered for in a positive light. Sure, there are those that oppose gay marriage, but for all the nonsense suggestions (the fat tax, for instance) Patterson has largely been on the chopping block. A new poll released yesterday finds that most New Yorkers want Spitzer back despite his colored past.
Because I consider myself an advocate for gay marriage, I’ve found myself arguing on newspaper forums, message boards and have realized that there are a great number of people (a huge majority!) that don’t seem to realize the difference between civil union and marriage. On the fence people will support a “civil union” of gays but will not support “marriage” for one reason or the other. I find that most generally the reason they do not support “marriage” is because of religious views (which, in my opinion, do not belong in politics).
In any event, I’d like to share the very severe differences in civil unions vs. marriage. Where appropriate, I have listed the source for the information:
From http://www.factcheck.org/what_is_a_civil_union.html
- Taxes. Couples in a civil union may file a
joint state tax return, but they must file federal tax returns
as single persons. This may be advantageous to some
couples, not so for others. One advantage for married couples is
the ability to transfer assets and wealth without incurring tax
penalties. Partners in a civil union aren’t permitted to do that,
and thus may be liable for estate and gift taxes on such
transfers.
- Health insurance. The state-federal divide is
even more complicated in this arena. In the wake of the
Massachusetts high court ruling, the group Gay & Lesbian
Advocates & Defenders put together a guide
to spousal health care benefits. GLAD’s document is
Massachusetts-specific but provides insight into how health
insurance laws would apply to those in a civil union in other
states. In general, GLAD says, it comes down to what’s governed by
state law and what’s subject to federal oversight. If a private
employer’s health plans are subject to Massachusetts state
insurance laws, benefits must be extended to a same-sex spouse. If
the health plan is governed by federal law, the employer can choose
whether or not to extend such benefits.
- Social Security survivor benefits. If a spouse or divorced spouse dies, the survivor may have a right to Social Security payments based on the earnings of the married couple, rather than only the survivor’s earnings. Same-sex couples are not eligible for such benefits.
States that have made civil unions legal, including Connecticut , New Hampshire , New Jersey and Vermont , have granted state benefits to same-sex couples. These include state tax benefits, better access to family health plans, co-parenting privileges, automatic preference for guardianship and decision-making authority for a medically incapacitated partner, as well as protection under state divorce and separation laws. While each state law is somewhat different, they are similar in that they convey these state rights to gay couples; they do not and cannot grant federal rights and benefits.
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From http://lesbianlife.about.com/od/wedding/f/MarriageBenefit.htm
Here are some of the legal rights that married couples have and gays and lesbians are denied:
- Joint parental rights of children
- Joint adoption
- Status as “next-of-kin” for hospital visits and medical decisions
- Right to make a decision about the disposal of loved ones remains
- Immigration and residency for partners from other countries
- Crime victims recovery benefits
- Domestic violence protection orders
- Judicial protections and immunity
- Automatic inheritance in the absence of a will
- Public safety officers death benefits
- Spousal veterans benefits
- Social Security
- Medicare
- Joint filing of tax returns
- Wrongful death benefits for surviving partner and children
- Bereavement or sick leave to care for partner or children
- Child support
- Joint Insurance Plans
- Tax credits including: Child tax credit, Hope and lifetime learning credits
- Deferred Compensation for pension and IRAs
- Estate and gift tax benefits
- Welfare and public assistance
- Joint housing for elderly
- Credit protection
- Medical care for survivors and dependents of certain veterans
These are just a few of the 1400 state and federal benefits that gays and lesbians are denied by not being able to marry. Most of these benefits cannot be privately arranged or contracted for within the legal system.
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I’m anxious to hear your views on this serious (and ever present) issue.
