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January 21, 2005

Inalienable Rights, Except for Gays...

So, over the past couple months, I've been having a recurring conversation with people about gay marriage.  Let me preface this by noting that I am a proponent of gay marriage.  Hey, I'm a single girl with no prospects--I know just how hard it is to find "the one".  If any two people can find each other and make a relationship work (no matter their gender), who am I to say they shouldn't get married?


Anyway, one of the topics around gay marriage is whether or not gay people have access to the same rights as heterosexual couples.  My mother makes an excellent argument that many of the rights with marriage implications (all 1,049 of them) can be obtained by same sex couples.  My point is that it is unfair to make same sex couples investigate and make legal contracts that cover each and every one of them (and some simply CANNOT be granted to gay couples, regardless of the legal wrangling).  To put on my constitutional scholar hat, I would argue that this is not "equal protection under the law".


The US Government's General Accounting Office issued a complete list of the 1,049 laws involving marital status.  In case that 75-page document is a little much to read, here is a summary of what can and cannot be granted to same sex couples, taken from Positive Liberty


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Here is a list of federal rights unavailable to couples who are not married. Only some of these rights can be obtained through other means; others really are permanently unavailable. The rights we can obtain include inheriting property (after paying the legal fees and fending off the court challenges in states with super-DOMA laws), power of attorney rights (with more fees and hassles than you can imagine), joint child custody rights (only in a handful of states, with fees, and with infinitely more hassles than power of attorney), and hospital visitation rights (just be sure to plan your emergencies in advance, otherwise you might end up at a hospital where you didn't sign the proper forms).

The list goes on and on. Some people may claim that gay couples get all or most of the same rights that straight couples enjoy, but these people know not whereof they speak. This claim represents a convenient dodge, one that makes straight people feel good about ignoring or opposing same-sex marriage. But however convenient it may be, the story simply isn't true.

Because of the lack of blanket protections, same-sex relationships are being nickeled and dimed to death. There are also many rights that cannot be obtained by same-sex couples at all, and some of these are among the most crucial. They include
immigration rights for same-sex partners, the right to sue for wrongful death and for disability payments, and, in many states, even the right to joint legal custody of children that the partners are raising together.



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I ask you, does this seem fair?  Moreover, this does not even begin to address state and local laws, many of which also have marriage considerations.  Grr.  This whole flap about Bush stepping back from the Federal Marriage Amendment (which I'm glad he's doing), irks me to no end.  I foresaw it from the beginning for what it was--a cheap, political ploy.  Here is a copy of my letter to the Republic leadership from last February (note the overly-enthusiastic Republican tenure--I thought it would be more persuasive to the Republican party leadership...:


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February 19, 2004


 


To the Republic Leadership:


 


I am writing to you today to convey my frustration with the Republican Party.  As someone who has always identified with the GOP platform, I currently question whether the Party continues to represent my values.


 


Throughout my college years, I staunchly defended conservative ideals at some of the most liberal schools in the nation (such as the University of XXXXX).  After completing a graduate degree, I even worked for a year at the U.S. Senate under the chairmanship of Senator XXXXX (R-XX).  I compulsively followed the news in the days after the 2000 election and cheered as George Bush was inaugurated.  When the terrorist attacks of September 11, 2001 devastated the country, I took pride in our President's leadership.  At every opportunity, I have voted for strong Republican candidates and encouraged others to do the same.  Yet over the past year, I have become increasingly disappointed by the Republican Party's poor judgment, petty partisan bickering, and irresponsible fiscal policies.


 


Despite my concerns, however, I continued to support the Republican Party.  I believed that the values the GOP espouses—limited government, states rights, a strong national defense, and fiscal restraint—were still at the heart of the party platform.


 


Until now.


 


The Republican National Committee's support of a constitutional amendment banning gay marriage is an ugly and shameful ploy to appeal to the far-right faction of the Party.  Beyond its obviously homophobic roots, it is diametrically opposed to fundamental conservative values—namely limited government and states rights. 


 


President Bush's No Child Left Behind initiative, although an excellent first step at reforming our educational system, is vastly under funded.  The economy, while steadily recovering, has not produced the expected number of new jobs.  The price for the war on terror has plunged the country into record deficits.  I cannot think of a single initiative that is a greater waste of the country's time, financial resources, and attention than the matter of gay marriage.


 


I understand that President Bush is eager to highlight key differences between himself and his Democratic opponent in the upcoming election.  I also appreciate that gay marriage could be a "cultural wedge" issue, garnering media attention and public interest.  But I believe the President—indeed, the entire Republican Party—is gravely mistaken about the overall ambivalence of American society on this issue.  While there are certainly conservative communities that will embrace a Federal Marriage Amendment, the vast majority of young Republicans will oppose it.  Our co-workers are gay, our friends are gay, members of our family are gay—and we realize they deserve the same treatment as every other American.


 


According to the Washington Post (February 11, 2004), President Bush plans to endorse language introduced by Rep. Marilyn Musgrave (R-Colo.) that "would ban gay marriage but not prevent state legislatures from allowing the kind of civil unions and same-sex partnership arrangements that exist in Vermont and California."


 


I am embarrassed to belong to a Party that would endorse a "separate but equal" status quo.  It did not work during segregation—indeed, it has prolonged an already bitter situation in which the Republican Party is portrayed (regardless of accuracy) as a bigoted and sexist Good Ole Boy network. 


 


The article goes on to state that the White House strategy is "designed to minimize alienation of moderate voters".  In fact, it has the opposite effect.  While I have been frustrated by what I considered shortsighted, discriminatory policies regarding gays in America, I continued to believe that the Republican Party could find safe ground by allowing states to decide for themselves how to approach the issue.  With the introduction of federal legislation on the subject, however, I have decided that I cannot support the Republican Party until it changes its rhetoric on gay marriage and steps back from supporting a constitutional amendment.


 


Until the GOP changes its stance on this issue, I will not just withhold my vote from Republican candidates, but will actively campaign for alternative nominees who realize the value of fundamental human rights such as dignity, freedom, and equal protection under the law.


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Ugh.  It just makes me so disgusted, and yet at the same time please to be living here in Sweden, where gay marriage is accepted (sort of).

Posted by madchen on January 21, 2005 08:15 PM

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