Denying the Right of Matrimony to Same Sex Couples, Essay Example

Denial of Matrimony and Its Legal Benefits

The Human Rights Campaign presents an informative article on the many rights and privileges being denied to same-sex couples who are eager to exchange vows just like heterosexual couples are easily able to do. Beyond the exchange of rings and promises of eternal devotion in the wedding ceremony, couples who legally obtain their marriage license automatically have 1,138 federal rights and protections open to them (HRC. The following essay will detail some of these rights.

Spouses are automatically awarded the decision-making ability of critical medical proceedings if their spouse is left incapacitated and cannot make his own wishes known. The existence of marriage has a reasonable assumption that the spouse would have his wife’s best interest at heart. People who are denied the privilege of marriage have no marriage certificate awarding them the presumed power over their loved ones’ medical decision-making, Instead, the next of kin is notified and could involve a sister, brother or other family member who has long been estranged from the critically-injured sibling.

Similarly, the attainment of parenting rights and responsibilities of children brought into the couple’s lives through birth, adoption, surrogacy or other means is easy for the continuing spouse of a legal heterosexual marriage. In cases where homosexual couples adopt or bring a child into their home, the child’s custody does not go to the partner if something happens to the original ‘parent’ of the child. In fact, if the homosexual couple breaks up, the partner has no legal recourse in obtaining visitation rights or custodial arrangements for the child. Conversely, the partner also has no legal responsibility in providing child support or insurance for the child.

In additional to the typical personal days, sick days, and vacation days offered by the employer under whom one spouse works, this spouse will gain additional days for just having a marriage partner. If the partner falls ill or is hospitalized, the spouse can be allowed up to 12 weeks leave with pay. This is clearly a benefit that homosexual couples cannot attain, no matter how long they have been together. Even though a relationship of longer than 7-9 years  constitutes a common law marriage in most states, this will not pass to gain the benefits for the homosexual partner wishing to be at the side of his life partner for up to 12 weeks without penalty.

There are numerous other rights granted to heterosexual married couples that are denied to homosexual, committed couples who can’t marry due to laws forbidding it. A heterosexual spouse enjoys the family related benefits of the other spouse in their marriage such as Social security benefits, veteran benefits, and federal/state income tax benefits. Legal spouses also have the right to inherit property from a dead spouse even in the absence of a will. Finally, a spouse can enjoy the benefits of her spouse’s healthcare coverage by virtue of their marital bonds. Homosexuals are denied all of these rights.

Civil Union Inadequacy

There are many reasons why a civil union has been deemed inadequate in attempting to attain the rights of married couples. The bond created during a civil union isn’t necessarily recognized in any other state but the one in which the civil union took place. Couples brought together in civil unions only benefit from 2^nd-rate protection – not even close to the numerous and comprehensive coverage enjoyed by heterosexual couples post-matrimony. And one more example is the fact that civil unions between homosexual couples are only recognized by the state  – not the federal – government. An enormous amount of the benefits and protection enjoyed by the heterosexual husband and wife come from the federal government, rather than the state legislation.