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Originally Posted by jetgraphics
YOU HAVE IT NOW - - - the SOCIALIST BENEFITS OF MARRIAGE IS WHAT THE HOMOSEXUALS WANT. They cannot use the common law benefits of the marriage contract.
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WRONG WRONG WRONG. Common Law/ Domestic Partnerships DO NOT OFFER the same RIGHTS as MARRIAGE does.
Do you even know what you are talking about? Have you even looked up Domestic Partnership to see WHAT that offers? Obviously NOT or you would see they are not offerring the SAME BENEFITS. They Cannot file a tax return together etc...
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Under the common law, a marriage meant the automatic transfer of property to surviving spouse and children was not subject to estate nor death taxes.
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California DOES NOT HAVE COMMON LAW MARRIAGES.
AGAIN
Civil Unions vs. Gay Marriage
What is a Civil Union? Civil Unions exist in only a handful of places: Vermont, New Jersey and Connecticut.
California and Oregon have domestic partnership laws that offer many of the same rights as civil unions.
Vermont civil unions were created in 2000 to provide legal protections to gays and lesbians in relationships in that state because gay marriage is not an option. The protections do not extend beyond the border of Vermont and no federal protections are included with a Civil Union. Civil Unions offer some of the same
rights and responsibilities as marriage, but only on a state level.
What about Domestic partnership? Some states and municipalities have domestic partnership registries, but no domestic partnership law is the same. Some, like the recently passed
California domestic partnership law comes with many rights and responsibilities. Others, like the one in
Washingtonoffer very few benefits to the couple.
What are some of the differences between Civil Unions and Gay Marriage?
Recognition in other states: Even though each state has its own laws around marriage, if someone is married in one state and moves to another, their marriage is legally recognized. For example, Oregon marriage law applies to people 17 and over. In Washington state, the couple must be 18 to wed. However, Washington will recognize the marriage of two 17 year olds from Oregon who move there. This is not the case with Civil Unions. If someone has a Civil Union in Vermont, that union is not recognized in any other state. As a matter of fact, two states, Connecticut and Georgia, have ruled that they do not have to recognize civil unions performed in Vermont, because their states have no such legal category. As gay marriages become legal in other states, this status may change.
Dissolving a Civil Union v. Divorce:
Vermont has no residency requirement for Civil Unions. That means two people from any other state or country can come there and have a civil union ceremony. If the couple breaks up and wishes to dissolve the union, one of them must be a resident of Vermont for one year before the Civil Union can be dissolved in family court. Married couples can divorce in any state they reside, no matter where they were married.
Immigration:
A United States citizen who is married can sponsor his or her non-American spouse for immigration into this country. Those with Civil Unions have no such privilege.
Taxes:
Civil Unions are not recognized by the federal government, so
couples would not be able to file joint-tax returns or be eligible for tax breaks or protections the government affords to married couples.
Benefits:
The General Accounting Office in 1997 released a list of
1,049 benefits and protections available to heterosexual married couples. These benefits range from federal benefits, such as survivor benefits through Social Security, sick leave to care for ailing partner, tax breaks, veterans benefits and insurance breaks. They also include things like family discounts, obtaining family insurance through your employer, visiting your spouse in the hospital and making medical decisions if your partner is unable to. Civil Unions protect some of these rights,
but not all of them.
But can’t a lawyer set all this up for gay and lesbian couples?
No. A lawyer can set up some things like durable power of attorney, wills and
medical power of attorney. There are several problems with this, however.
1. It costs thousands of dollars in legal fees. A simple marriage license, which usually costs under $100 would cover all the same rights and benefits.
2.
Any of these can be challenged in court. As a matter of fact, more wills are challenged than not. In the case of wills, legal spouses always have more legal power than any other family member.
3. Marriage laws are universal. If someone’s husband or wife is injured in an accident, all you need to do is show up and say you’re his or her spouse. You will not be questioned. If you show up at the hospital with your legal paperwork, the employees may not know what to do with you. If you simply say, "He's my husband," you will immediately be taken to your spouse's side.