Prometheus 6

I don't think Atrios will mind my lifting the entirety of this post. Requisite hat tip to Republic of T.

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Marriage Rights Re-run

I've noticed that with many issues, during the peak of discussion/debate, people get a bit smarter about them but then as the issue fades away the stupids begin to take hold of the issue again and discussion of it gets dumber and dumber.


Two big myths about the rights (and responsibilities) conferred by marriage are that they a) can mostly be duplicated by private contract between two parties or b) are almost purely financial. These are both false, as a great number of rights given to people once they have a state-sanctioned marriage are specific rights granted by the state which could not possibly be duplicated by contract and which are not simply financial issues such as tax treatment. In addition, many of the falsely named anti-marriage amendments will make illegal plenty of arrangements would be possible simply through private contracting...

So, to remind us, I'll rerun a post I did awhile back:

In 1999, the GAO prepared a report listing all of the rights and benefits of civil marriage. They came up with 1,049 of them. You can read their list here.


Here's a shorter list. Obviously, if gay people had these rights civilization would end.

I've bolded a few of the ones which aren't explicitly financial and which would be difficult or impossible to establish by private contract.

Marriage Rights and Benefits
Learn some of the legal and practical ways that getting married changes your life.

Whether or not you favor marriage as a social institution, there's no denying that it confers many rights, protections, and benefits -- both legal and practical. Some of these vary from state to state, but the list typically includes:

Tax Benefits

Filing joint income tax returns with the IRS and state taxing authorities.
Creating a "family partnership" under federal tax laws, which allows you to divide business income among family members.

Estate Planning Benefits

Inheriting a share of your spouse's estate.
Receiving an exemption from both estate taxes and gift taxes for all property you give or leave to your spouse.
Creating life estate trusts that are restricted to married couples, including QTIP trusts, QDOT trusts, and marital deduction trusts.
Obtaining priority if a conservator needs to be appointed for your spouse -- that is, someone to make financial and/or medical decisions on your spouse’s behalf.

Government Benefits

Receiving Social Security, Medicare, and disability benefits for spouses.
Receiving veterans' and military benefits for spouses, such as those for education, medical care, or special loans.
Receiving public assistance benefits.

Employment Benefits
Obtaining insurance benefits through a spouse's employer.
Taking family leave to care for your spouse during an illness.
Receiving wages, workers' compensation, and retirement plan benefits for a deceased spouse.
Taking bereavement leave if your spouse or one of your spouse’s close relatives dies.

Medical Benefits
Visiting your spouse in a hospital intensive care unit or during restricted visiting hours in other parts of a medical facility.
Making medical decisions for your spouse if he or she becomes incapacitated and unable to express wishes for treatment.

Death Benefits
Consenting to after-death examinations and procedures.
Making burial or other final arrangements.

Family Benefits
Filing for stepparent or joint adoption.
Applying for joint foster care rights.
Receiving equitable division of property if you divorce.
Receiving spousal or child support, child custody, and visitation if you divorce.

Housing Benefits
Living in neighborhoods zoned for "families only."
Automatically renewing leases signed by your spouse.

Consumer Benefits
Receiving family rates for health, homeowners', auto, and other types of insurance.
Receiving tuition discounts and permission to use school facilities.
Other consumer discounts and incentives offered only to married couples or families.

Other Legal Benefits and Protections
Suing a third person for wrongful death of your spouse and loss of consortium (loss of intimacy).
Suing a third person for offenses that interfere with the success of your marriage, such as alienation of affection and criminal conversation (these laws are available in only a few states).
Claiming the marital communications privilege, which means a court can’t force you to disclose the contents of confidential communications between you and your spouse during your marriage.
Receiving crime victims' recovery benefits if your spouse is the victim of a crime.
Obtaining domestic violence protection orders.
Obtaining immigration and residency benefits for noncitizen spouse.
Visiting rights in jails and other places where visitors are restricted to immediate family.