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Marriage
WHAT IS MARRIAGE, ANYWAY?
Most
importantly, it's not about sex, and it is not solely about
what happens at a place of worship. It is a personal choice
- and a contract between the couple and the state. Marriage
is a powerful legal and social institution that protects and
supports intimate family relationships by providing a unique
set of rights, privileges, and benefits
. Those who can marry often take these rights for granted,
but for gay men and lesbians these benefits are forever denied.
Same-sex couples are currently denied the right to
legally marry anywhere in the United States. In
Vermont, same-sex couples can have civil unions, which confer
many of the benefits of marriage to couples who are residents.
However, these unions are not recognized outside of Vermont.
Years of testimony and a fair and open trial have shown that
the state has no good reason to continue harsh discrimination
in civil marriage, yet in 1996, the "Defense of Marriage Act"
(DOMA) was passed - limiting the federal definition of marriage
to exclude same-sex couples. Many states have passed similar
legislation, further denying same-sex couples the protections
and recognition that heterosexual couples receive. ( a
detailed map of state legislation from the National Gay
and Lesbian Task Force)
Because
lesbians and gay men cannot marry, they have no right to:
- Accidental
death benefit for the surviving spouse of a government
employee;
- Appointment
as guardian of a minor;
- Award
of child custody in divorce proceedings;
- Beneficial
owner status of corporate securities;
- Bill
of Rights benefits for victims and witnesses;
- Burial
of service member's dependents;
- Certificates
of occupation;
- Consent
to post-mortem examination;
- Continuation
of rights under existing homestead leases;
- Control,
division, acquisition, and disposition of community
property
- Criminal
injuries compensation;
- Death
benefit for surviving spouse for government employee
- Disclosure
of vital statistics records;
- Division
of property after dissolution of marriage;
- Eligibility
for housing opportunity allowance program of the Housing,
Finance and Development Corporation;
- Exemption
from claims of Department of Human Services for social
services payments, financial assistance, or burial
payments;
- Exemption
from conveyance tax;
- Exemption
from regulation of condominium sales to owner-occupants;
- Funeral
leave for government employees;
- Homes
of totally disable veterans exempt from property taxes;
- Income
tax deductions, credits, rates exemption, and estimates;
- Inheritance
of land patents;
- Insurance
licenses, coverage, eligibility, and benefits organization
of mutual benefits society;
- Legal
status with partner’s children;
- Making,
revoking, and objecting to anatomical gifts;
- Making
partner medical decisions;
- Nonresident
tuition deferential waiver;
- Notice
of guardian ad litem proceedings;
- Notice
of probate proceedings;
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- Payment
of wages to a relative of deceased employee;
- Payment
of worker's compensation benefits after death;
- Permission
to make arrangements for burial or cremation;
- Proof
of business partnership;
- Public
assistance from the Department of Human Services;
- Qualification
at a facility for the elderly;
- Real
property exemption from attachment or execution;
- Right
of survivorship to custodial trust;
- Right
to be notified of parole or escape of inmate;
- Right
to change names;
- Right
to enter into pre-marital agreement;
- Right
to file action for nonsupport;
- Right
to inherit property;
- Right
to purchase leases and cash freehold agreements concerning
the management and disposition of public land;
- Right
to sue for tort and death by wrongful act;
- Right
to support after divorce;
- Right
to support from spouse;
- Rights
and proceedings for involuntary hospitalization and
treatment;
- Rights
by way of dour or courtesy;
- Rights
to notice, protection, benefits, and inheritance under
the uniform probate code;
- Sole
interest in property;
- Spousal
privilege and confidential marriage communications;
- Spousal
immigration benefits;
- Status
of children;
- Support
payments in divorce action;
- Tax
relief for natural disaster losses;
- Vacation
allowance on termination of public employment by death;
- Veterans'
preference to spouse in public employment;
- In
vitro fertilization coverage;
- Waiver
of fees for certified copies and searches of vital
statistics.
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