The two posters who think same-sex couples can achieve equality through private contracts obviously don't know much about government regulation. Though marriage may, for some, be a religious institution, thousands of local, state and federal regulations refer to marriage. Here are just a few examples:
"Being nice" to hospital staff won't change the fact that the state law dictates who is allowed to see health records, and who is allowed to make treatment decisions on behalf of someone who can't.
"Negotiating" with a health insurance company won't change the fact that federal law dictates who is entitled to continuation coverage (COBRA).
"Demanding tax breaks" from the IRS won't change the fact California's Proposition 13 dictates who a house can be transferred to without triggering a property tax increase.
The posters also seem not to understand that marriage confers rights AND responsibilities.
Signing a contract won't change the fact that state and federal law dictate who a creditor can collect from.
Signing a contract won't change the fact that state law dictates who is legally responsible for (and so has the right to make decisions about), a child.
The posters certainly don't realize that -- in the few instances where a private contract could help -- retaining a lawyer to draft a contract is inifinitely more complicated and more expensive than flashing a marriage certificate, as opposite-sex couples can do.
Finally, the posters aren't aware that states are in the process of outlawing certain private contracts between same-sex individuals. See, for example, Virginia's new law, HB 751, already in effect:
"[T]he Commonwealth of Virginia is under no constitutional or legal obligation to recognize a marriage, civil union, partnership contract OR OTHER ARRANGEMENT purporting to bestow any of the privileges or obligations of marriage ..." [emphasis added].
This has the effect of invalidating wills, advance care directives, power of attorney, etc., when a same-sex couple is involved. That's pretty serious.
Private contracts don't work
Date Edited: 21 Aug 2004 04:21:48 PM
"Being nice" to hospital staff won't change the fact that the state law dictates who is allowed to see health records, and who is allowed to make treatment decisions on behalf of someone who can't.
"Negotiating" with a health insurance company won't change the fact that federal law dictates who is entitled to continuation coverage (COBRA).
"Demanding tax breaks" from the IRS won't change the fact California's Proposition 13 dictates who a house can be transferred to without triggering a property tax increase.
The posters also seem not to understand that marriage confers rights AND responsibilities.
Signing a contract won't change the fact that state and federal law dictate who a creditor can collect from.
Signing a contract won't change the fact that state law dictates who is legally responsible for (and so has the right to make decisions about), a child.
The posters certainly don't realize that -- in the few instances where a private contract could help -- retaining a lawyer to draft a contract is inifinitely more complicated and more expensive than flashing a marriage certificate, as opposite-sex couples can do.
Finally, the posters aren't aware that states are in the process of outlawing certain private contracts between same-sex individuals. See, for example, Virginia's new law, HB 751, already in effect:
"[T]he Commonwealth of Virginia is under no constitutional or legal obligation to recognize a marriage, civil union, partnership contract OR OTHER ARRANGEMENT purporting to bestow any of the privileges or obligations of marriage ..." [emphasis added].
This has the effect of invalidating wills, advance care directives, power of attorney, etc., when a same-sex couple is involved. That's pretty serious.
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