Re: BC June 6, 2006- Twice as Wrong as Usual

Paige wrote:
LAdezio@xxxxxxxxx wrote:

My feeling is based in this: *every* couple would have the 'civil
union' document -- this would be the *legal* document that provides
certain protections -- the right to make medical decisions for either
one's partner or one's children; the rights given to a 'surviving
spouse' (especially important if one dies intestate); rights protecting
property, and so on.

A 'marriage' document would be issued if a couple has a religious
ceremony and would not carry the *legal* weight the 'civil union'
document would. Any religion would have the right to 'marry' couples
of their own choosing, so those who do not sanction a same-sex
'marriage' would just not perform them, as they do now. Those that do,
would.

AFAIK, couples can *call* themselves whatever they choose to -- under
the above, if a gay couple has a civil union and does not have a
religious ceremony, if they want to call themselves 'married', it's no
skin off my teeth. What's important to *me* is that they have the same
legal protections that I, as a straight person has/had when it comes to
the right to make decisions for my partner (in the case of illness,
incapacitation or death) or my children. It saddens me to read about
people who have spent decades together yet could not have their
partnership legally recognized -- then one of them ends up in a
situation where a decision has to be made about removing the person
from life support, and the partner can't make that decision (if there
is no advance directive or living will) because they are not legally
recognized as next of kin. And they may know, for example, that their
partner would want to be removed from life support....yet, some
long-lost/estranged parent can then come in and decide to keep them on
even though they may not have talked to the person for years -- but
they're legally next of kin.

And that's not right, IMO.
Leah

Can't gay couples just get an attorney to draw up a "contract" or
whatever, to allow the couple the same legal rights that married
couples have? A contract that is legal wherever they choose to live and
until "death do they part"? (Do Civil Unions cover all legal angles
that Leah mentioned in the above post?)

A "Lasting Power of Attorney" does not give full status - it won't
automatically confer spousal, survivor, or custody benefits, for
example. So, no, they can't.

Why does it need to be called "marriage"? It's semantics, really. I
believe "marriage" should be restricted to a "man and a woman." Maybe
there should be a different name for a gay union. Just a thought.

So Paige is advocating 'separate but equal' status. Why do you want
to restrict the term 'marriage' to heterosexual unions?

I like the idea posted above - the legal status is meaningless
in religious terms, and the religious status is meaningless in
legal terms. Make them orthogonal. Couples could get none, one,
or both, and deal with the religious and legal consequences
appropriately.

Regardless of what the legal status is called, I guarantee you
that most couples with only the legal document will call
themselves "married", and only bigots and fanatics will demur.
Thats the way it should be.

To throw a curve ball into the discussion:

Should the legal status be limited to two people only? Why?

Peter Trei





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