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Marriage: same-sex and opposite-sex

Legal and economic benefits of marriage

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Sponsored link.

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The following material was provided by the Lambda Legal Defense and Education Fund. It is used by permission.  The list appears to be based on a request by Representative Henry J Hyde, in 1996-SEP. He was chairperson of the House Committee on the Judiciary, and asked the General Accounting Office "to identify federal laws in which benefits, rights and privileges are contingent on marital status." Their response, which runs 75 pages, is available online. 1

The list below was compiled for a couple living in the United States. However, similar provisions exist in many other countries.

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On the order of 1,400 legal rights are conferred upon married couples in the U.S. Typically these are composed of about 400 state benefits and over 1,000 federal benefits. Among them are the rights to:
bulletjoint parenting;
bulletjoint adoption;
bulletjoint foster care, custody, and visitation (including non-biological parents);
bulletstatus as next-of-kin for hospital visits and medical decisions where one partner is too ill to be competent;
bulletjoint insurance policies for home, auto and health;
bulletdissolution and divorce protections such as community property and child support;
bulletimmigration and residency for partners from other countries;
bulletinheritance automatically in the absence of a will;
bulletjoint leases with automatic renewal rights in the event one partner dies or leaves the house or apartment;
bulletinheritance of jointly-owned real and personal property through the right of survivorship (which avoids the time and expense and taxes in probate);
bulletbenefits such as annuities, pension plans, Social Security, and Medicare;
bulletspousal exemptions to property tax increases upon the death of one partner who is a co-owner of the home;
bulletveterans' discounts on medical care, education, and home loans; joint filing of tax returns;
bulletjoint filing of customs claims when traveling;
bulletwrongful death benefits for a surviving partner and children;
bulletbereavement or sick leave to care for a partner or child;
bulletdecision-making power with respect to whether a deceased partner will be cremated or not and where to bury him or her;
bulletcrime victims' recovery benefits;
bulletloss of consortium tort benefits;
bulletdomestic violence protection orders;
bulletjudicial protections and evidentiary immunity;
bulletand more....

Most of these legal and economic benefits cannot be privately arranged or contracted for. For example, absent a legal (or civil) marriage, there is no guaranteed joint responsibility to the partner and to third parties (including children) in such areas as child support, debts to creditors, taxes, etc. In addition, private employers and institutions often give other economic privileges and other benefits (special rates or memberships) only to married couples. And, of course, when people cannot marry, they are denied all the emotional and social benefits and responsibilities of marriage as well.

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Sponsored link:

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The changing face of marriage: who is not allowed to marry:

North American governments have prohibited various groups from marrying and thus benefiting from government programs:
bulletBefore the civil war, African-American slaves in some states were not allowed to marry.
bulletBefore 1967, inter-racial couples were not allowed to marry in some U.S. states.
bulletGay and lesbian couples throughout the U.S. and Canada are not allowed to marry. However Vermont now allows same-sex couples to enter into civil unions. This will bring them all of the state benefits of marriage, but none of the 1,049 federal rights, benefits and privileges that are routinely given to married couples.
bulletSome provinces in Canada allow same-sex couples to register as domestic partnerships and obtain many of the benefits of marriage.

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Related essays on this web site:

bulletMarriage menu: past, present and future
bulletSame-sex, marriage menu
bulletCivil unions in Vermont

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References:

bulletLetter from the General Accounting Office to Rep. Henry J Hyde, 1997-JAN-31, at http://www.gao.gov/archive/1997/og97016.pdf or http://frwebgate.access.gpo.gov You need software to read these files. It can be obtained free from:

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Copyright © 1997 and 1999 to 2001 incl., by Ontario Consultants on Religious Tolerance
Latest update: 2001-JUN-10
Compiled by: B.A. Robinson

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Go to the previous page, or go to the marriage menu, or go to the same-sex marriage menu, or choose:

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