Most individuals enter
early adulthood with the hope of finding a suitable partner. They go on dates and enter into relationships
which for the majority result in marriage and eventually childbearing. Married
couples take for granted certain rights that come along with matrimony. For example, married people assume that if
their spouse becomes ill, they will have full say in what happens to them
during their stay in the hospital, or even their end of life decisions. They also assume that if their spouse dies,
they will be financially stable because they will retain their house and bank
accounts that were accumulated during their marriage. They have the right to adopt children. They have the right to hold their spouses
hand or to show affection to their spouse in public without shame, ridicule, or
fear of harm. They have the right to marry the person that they are in love
with and can spend their lives together without being judged. They can live where they choose and not be
denied housing or a job because of their sexual preferences. Same sex couples
are not afforded these same rights that most straight people take for
granted. The fight for same sex marriage
goes way beyond just a religious battle.
It is a battle for equal rights on a political level.
Unfortunately
most anti-gay marriage supporters turn the debate into a purely religious
argument and neglect to mention or to examine all of the rights that are denied
based solely on sexual preference. They
argue that homosexuals are tampering with what God defines as marriage, a union
between a man and a woman. For most gay and lesbian people, the focus is not on
changing a religious right; it is
about gaining equal human
rights. In the United States, there are
over 1,100 rights associated with heterosexual marriage that gay people are not
entitled to (National Organization for Women, 2012). . Partners in same-sex
relationships cannot receive these important benefits that range from Social
Security survivor benefits to federal tax benefits to federal employee health
and retirement benefits. For example, married heterosexual couples are afforded
a financial boost from Social Security benefit programs that same sex couples
do not qualify for. For some, the denial
of these benefits can mean spending retirement years in poverty (Michon, 2012).
. Same sex couples are denied spousal survivor benefits, spousal retirement
benefits, and lump sum death benefits. There are dozens of tax breaks and benefits
that same sex couples are disqualified for which result in the loss of
thousands of dollars for the individuals who are denied (Michon, 2012). For example, same sex couples cannot file a
joint tax return which means that they cannot enjoy the same tax breaks that
married couples can. Federal employment
benefits are also denied because most of them are tied to marital status. Examples of a few of these benefits that are
denied include health
insurance for spouses, and wages, worker's compensation, health insurance, and
retirement plan benefits for the surviving spouse of a deceased federal worker
(Michon, 2012).
The denial of rights to same sex
couple does not stop at a financial level.
It also has medical and legal implications. The right to make end of
life decisions about a terminally ill loved one or even the right to visitation
during a hospital stay is not the same for same sex couples. Gay people are not permitted to make serious
medical decisions for their partner in an emergency. Instead, hospitals are
often forced by state laws to consult the families even though they may be
estranged or hostile to the individual. Gay
people also have virtually no right to determine how a person’s ends of life
wishes are carried out. Rights may be
overturned by the family even though a person’s will has clearly defined their
wishes (Michon, 2012). These rights can include custody decisions, funeral arrangements,
and real estate ownership decisions. Same sex couples may also be denied visitation
rights at a hospital or even at a loved one’s grave site or funeral if the
patient’s family wishes to do so.
Heterosexual couples do not face these situations because they are
guaranteed these rights by federal law. There are also major differences in the
legal arena as well. The concept of “legal testimony” is different for gay
couples versus legally married heterosexual couples. In
the legal system there is protection for heterosexual couples from having to
testify against a partner if he or she is on trial. . The other difference is
validity of defense testimony. Often a non-legal spouse’s testimony carries no
more weight that a stranger’s (University of Missouri, 2011).
While
there are a few states that now allow same sex marriages, the majority of the
United States still does not recognize marriage between partners of the same
sex. Some states, such as California, allow same sex couples to register as
domestic partners. This distinction
makes no difference when it comes to most federal laws. Gay or lesbian couples, whether married,
unmarried, or registered as domestic partners are still not permitted
protection by the same rights that are afforded to heterosexual couples.
According to Section 3 of the federal
Defense of Marriage Act (DOMA), the federal government only recognizes marriage
between a man and woman. This means that
even if a couples union is recognized by their state of residence, it is not
recognized at a federal level and therefore does not qualify for access to
those laws that grant marriage benefits (NOLO Press, 2011).
As one can clearly see, the often religiously
tainted battle for gay marriage goes far beyond just a fight for religious
acceptance and change. It is a battle
for the right to equal human rights and for the right to survival, dignity, and
for equal protection by federal laws. Being able to walk down the street with a
loved one without fear of harm or ridicule and being able to enjoy the same
financial and legal rights as every other person is the real focus.
References
Equal marriage now. (2012). National
Organization for Women, Retrieved from
http://www.now.org/issues/marriage/points.html
Exploring constitutional
conflicts: The gay rights controversy. (2011). Unpublished manuscript,
University
of
Missouri, Kansas City, Mo, .
Michon, Kathleen (2012). Federal
marriage benefits denied to same-sex couples. NOLO Press, Retrieved
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