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Old 12-05-2007, 06:55 AM
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Default Gay Rights 101

Gay rights 101 - Washington Blade

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"WOW, THERE’S A lot to be angry about.”

That was the reaction recently from a local gay high school student who was reading the Blade for the first time, earnestly poring over articles about hate crimes, employment discrimination and rising HIV rates.

He seemed genuinely surprised that life for ordinary, grown-up gay Americans didn’t necessarily involve the corporate jobs, Prada shoes and stylish apartments made famous by the “Will & Grace” episodes he grew up watching.

But teenagers aren’t the only ones in need of an education on gay reality. During the debate over the Employment Non-Discrimination Act, it became clear that many members of Congress, including some freshman Democrats, remain woefully ignorant about our issues. Collectively, openly gay people have done a poor job of educating those around us about the inequalities we face.

Too many gay people come out to family and friends and then never speak of it again. Unfortunately, it’s not enough to merely come out; those of us living openly and honestly must take it to a new level.

Chatting with gay-friendly next-door neighbors last week, the subject of marriage surfaced. The straight, married couple was surprised to discover that same-sex relationships are not recognized under the law. And I was surprised that they didn’t already know that.

The conversation served as a reminder that gays take their straight allies for granted and that many of them know very little about the obstacles and discrimination we face in everyday life.
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Old 12-05-2007, 07:57 AM
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Default Re: Gay Rights 101

But...but...but aren't there some states that recognize gay marriage?
Like I always heard California allowed some form of union?
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Old 12-05-2007, 08:01 AM
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Default Re: Gay Rights 101

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But...but...but aren't there some states that recognize gay marriage?
Like I always heard California allowed some form of union?
Are you being serious? I mean not to sound like a smart ass but there is ONE state that recognizes gay marriage. California does NOT permit civil unions. Certain municipalities might permit domestic partnerships where the individuals register but receive no benefits for doing so. The way that your response sounded when read struck me as flippant. "Well don't those queers have rights somewhere. I'm sure that I'd read that they did..." I think that was the whole point of the article. While some think that we are 'equal' in at least one state, that simply isn't true for multiple reasons and it's our job to educate people as to how we are discriminated against.
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Last edited by dabateman; 12-05-2007 at 08:07 AM.
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Old 12-05-2007, 08:17 AM
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Default Re: Gay Rights 101

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Originally Posted by dabateman View Post
Are you being serious?
If it's not true then I must tell you YES that's the (I assume) rumor us white straight moderates hold.
Back when Rock Hudson was supposed to be gay and Jim Neighbors there was this rumor they got married. A lot of people figured out they really didn't get married, but still assume California allowed gays to marry.
And come to think of it if what you're saying is true then maybe you're right some body needs to get a fact sheet published or something. Because while these people are talking about marriage vs Civil union in Massachusetts, I'm (out of the corner of my mind assuming some form of legal relationship is available to gays in Mass. So you are saying that is not correct?

I need to go to bed. Helped my son study for final exam. I know more than I want to about anthropology! But I'll check tomorrow, because I am very interested in your answer.
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Old 12-05-2007, 08:43 AM
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Default Re: Gay Rights 101

I guess that I took for granted that others understood the nuances between domestic partnership, civil unions, gay marriage, and regular old marriage. I'm sorry that I was shocked because upon reflection I can see that the issue isn't simple or clear and that for people not directly impacted by the nuances, they are virtually meaningless.

Domestic Partnerships: Generally Domestic Partnerships are nothing more than paying for a piece of paper saying that two individuals live together. In many cases the relationship does not have to be romantic in nature to be recognized as a Domestic Partnership. Roommates could be considered Domestic Partners in some areas. The one benefit of a Domestic Partnership is that it opens the door for certain insurance agencies to recognize same-sex relationships. This opens the door for companies to allow domestic partners to be added to insurance, but does not guarantee that the company will provide the opportunity. (This is done on a local level and is non-transferable out of that local area.)

Civil Union: We can call it Marriage-Lite. It's basically all of the responsibilities of Marriage without the benefits and protections. Because of the language, these couples are locked out of equal treatment that is comparable to their heterosexual counterparts. Generally, these laws allow specific business to continue to discriminate in violation of the spirit of the law, but following the letter. There was a big issue with Fed-Ex not giving equal treatment to couples in NJ. (This is generally a statewide deal available in 3 states, and is not transferable outside the state.)

Gay Marriage: This is the closest thing to equality that we have and it's still over 1000 benefits away from equality. Basically the couple is 100% equal under state law to their heterosexual counterparts and 0% equal under federal law to their heterosexual counterparts. These couples are not able to file their taxes together because of the federal prohibition of gay relationships. (This exists in ONE state and is not transferable outside of the state)

Marriage: All of the benefits we don't think about (there are over 1000 of them) without the fear of unequal treatment. The couple is treated as a couple in the eyes of the local, county, state, and federal government. They can move from one city to another without having to re-register as married unlike their gay counterparts. They can move from one state to another without having to re-register which may not even be an option to their gay counterparts.
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Old 12-05-2007, 09:08 AM
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Default Re: Gay Rights 101

Here in CT, we have civil unions available.

Other than for child custody, alimony, and STATE inheritance rights, they're pretty worthless. State rights and protections for married couples and their families are pretty negligible.

Almost all important legal protections and rights come from the federal government - and the federal government does not recognize civil unions.
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Old 12-05-2007, 01:07 PM
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Default Re: Gay Rights 101

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Chatting with gay-friendly next-door neighbors last week, the subject of marriage surfaced. The straight, married couple was surprised to discover that same-sex relationships are not recognized under the law. And I was surprised that they didn’t already know that.

I had this same conversation with several friends right after my partner and I got together about 10 years ago.

I was shocked that they did not know that we could not get married. A couple of them even asked casually when the wedding was going to be. And this in a state (Alabama) where the legislature has seen fit to make it a crime for any minister to perform a same sex wedding.

But, in retrospect, I should have realized that most people pay little attention to laws that don't affect them directly. If you aren't gay and don't interact with gay couples much, why would you know that we are not allowed to get married?
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Old 12-05-2007, 01:11 PM
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Default Re: Gay Rights 101

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Originally Posted by crazyflamingos View Post

I had this same conversation with several friends right after my partner and I got together about 10 years ago.

I was shocked that they did not know that we could not get married. A couple of them even asked casually when the wedding was going to be. And this in a state (Alabama) where the legislature has seen fit to make it a crime for any minister to perform a same sex wedding.

But, in retrospect, I should have realized that most people pay little attention to laws that don't affect them directly. If you aren't gay and don't interact with gay couples much, why would you know that we are not allowed to get married?
I agree with you 100% People dont even know what ENDA is for and think LGBT people are already a federally protected class.
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Old 12-05-2007, 01:22 PM
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Default Re: Gay Rights 101

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Originally Posted by dabateman View Post
California does NOT permit civil unions. Certain municipalities might permit domestic partnerships where the individuals register but receive no benefits for doing so.
Actually California's Domestic Partnership Registry is statewide and provides same sex couples and certain heterosexual couples with the same STATE rights as a married heterosexual couple. But like Civil Unions, it does not provide any Federal benefits.

Here is a summary of California Domestic Partnership rights and responsibilities from Wikipedia -- not the best source, I know, but it matches what I have read elsewhere on the subject and there are references at the bottom of the full article for anyone who wants to follow up.
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As of 2007, California affords domestic partnerships all of the same rights and responsibilities as marriages under state law (Cal. Fam. Code §297.5). Fact sheet on California domestic partnerships Among these:
  • Making health care decisions for each other in certain circumstances
  • Hospital and jail visitation rights that were previously reserved for family members related by blood, adopiton or marriage to the sick, injured or incarcerated person.
  • Access to family health insurance plans (Cal. Ins. Code §10121.7)
  • Spousal insurace policies (auto, life, homeowners etc..), this applies to all forms of insurance (Cal. Ins. Code §381.5)
  • Sick care and similar family leave
  • Stepparent adoption procedures
  • Presumption that both members of the partnership are the parents of a child born into the partnership
  • Suing for wrongful death of a domestic partner
  • Rights involving wills, intestate succession, conservatorships and trusts
  • The same property tax provisions otherwise available only to married couples (Cal. R&T Code §62p)
  • Access to some survivor pension benefits
  • Supervision of the Superior Court of California over dissolution and nullity proceedings
  • The obligation to file state tax returns as a married couple commencing with the 2007 tax year (Cal R&T Code §18521d)
  • The right for either partner to take the other partner's surname after registration
  • Community propery rights and responsibilities previously only available to married spouses
  • The right to request partner support (alimony) upon dissolution of the partnership (divorce)
  • The same parental rights and responsibilities granted to and imposed upon spouses in a marriage
Domestic partnership in California - Wikipedia, the free encyclopedia
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Last edited by crazyflamingos; 12-05-2007 at 01:26 PM. Reason: afterthought
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Old 12-05-2007, 01:37 PM
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Default Re: Gay Rights 101

Well from what I understand the California law is virtually meaningless in comparison to other laws. Essentially it is my understanding that it breaks down like this...

Domestic Partnerships - Worst
Civil Unions - Pretty Bad
Gay Marriage - A decent start
Marriage - equality

When you get into the meat of the information about the California law, it's as I said it was, different for each locality. While it's true that anyone can register (well there are limits to that too), the benefits change from city to city and county to county. Some counties and cities offer better benefits through state actions than others.
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