It is possible for same
sex couples
to achieve all of the rights and benefits
of marriage through civil unions.
We have been told marriage offers many benefits
that civil unions do not. As a result, many Americans mistakenly
believe that the federal rights obtained though marriage (e.g.
filing joint income tax or immigration rights for a foreign spouse)
can be granted to same sex couples by state governments. This is
false. States have no authority to grant federal rights to same sex
couples. Federal rights can only be granted by the federal
government.
Example: None of the federal benefits of
marriage are available to same sex couples married in
Massachusetts or California.
Therefore, the difference is not between
“marriage” and “civil unions” but between rights granted by state
governments rather than rights granted by the federal government.
Example: Federal rights granted to same sex
marriages in Massachusetts or California are exactly the same as
Vermont’s civil unions and New Jersey's or California’s domestic
partners: zero.
Can all the federal benefits of marriage be
granted to civil unions?
Yes!
The federal government has the constitutional
authority to EQUALLY grant rights and benefits, currently associated
only with marriage, to same sex couples under the title of marriage,
civil union, domestic partners or any other title the federal
government chooses.
Example: Civil partnerships in the United
Kingdom, granted under the
Civil Partnership Act 2004, give same-sex couples rights and
responsibilities identical to civil marriage. Civil Partners are
entitled to the same as civilly married heterosexual couples,
the same exemption as married couples on inheritance tax, social
security and pension benefits, and also the ability to get
parental responsibility for a partner's children, as well as
responsibility for reasonable maintenance of one's partner and
their children, tenancy rights, full life insurance recognition,
next-of-kin rights in hospitals, and others. There is a formal
process for dissolving partnerships akin to divorce.
California law (AB
205) says that every law, court decision and regulations that
pertains to marriage in the State of California will equally apply
to domestic partners (California’s term for civil unions).
A similar law could be passed on the federal level. If there
were such a federal law then couples with civil unions could
file joint income tax returns and sponsor foreign spouses for
immigration, just like heterosexually married couples.
Barak Obama has pledged to support Federal Civil Unions which
would give "legally-recognized" same-sex couples all of the federal rights of marriage.
Since trying to achieve the right to marry for
same sex couples the following has happened:
1. Two thirds of Americans live in states with constitutional
amendments prohibiting same sex marriage.
2. One third of Americans live in states with constitutional
amendments which also prohibit civil unions and domestic
partners.
3. Same sex couples in Massachusetts and California have the
right to marry but still do not have many of the rights and
benefits of marriage that heterosexual couples have in the
United States.
4. On July 6, 2006, the New York Court of Appeals (the
highest court in the State of New York) denied the same sex
couples the right to marry because same sex couples make more
responsible parents; therefore, in order to protect children
only opposite sex couples should be allowed to marry. (Hernandez
vs. Robles)
5. One week after New Jersey passed a civil union policy a
poll showed 60% of that state's voters supported all of the same
rights and benefits of marriage for same sex couples through
civil unions, and 44% supported same sex marriage.
6. California's same-sex marriage decision holds the record
for quickest same-sex marriage backlash, 6 weeks!! That's how
long it took the Arizona senate to reverse themselves and put an
anti-same-sex marriage constitutional amendment on the ballot for November,
2008. Two of Arizona's 30 state senators are openly gay/lesbian and
were unable to stop this reversal of fortune.
Equality