my question about same sex marriages is, is it the same as the common law. if a man and a women are living together but are not married but are together for a certain amount of yrs arent they considered husband and wife just not legally. what about 2 girls? if two girls are dating and are living together for lets say 10 yrs do they have union or a bond if u want to call it or is it still not legal. why arent same sex allowed to make choices for there partners if something should happen to them, example if they should end up in the hospital do they have the right to make a descion for them if they cant? why is that when u leave a will it will go to whom ever you say but u cant make a simple decsion for your partner.....
2006-11-01 13:06:20 · 11 answers · asked by orange_crush_05 6 in Society & Culture ➔ Cultures & Groups ➔ Lesbian, Gay, Bisexual, and Transgender
im gay by the way so i dont need to hear the bible details...its getting old after awhile
2006-11-01 13:13:05 · update #1
It depends on the country. In the United States, any federal recognition of same sex marriage was banned in 1996. The result means that if 2 same sex people enter into a partnership when they are 20 and one partner gets ill when the other partner is 80, the first partner has no medical decision rights as they are not legally family. If the one partner is in an intensive care unit, the other partner is often barred from visitation due to not being a family member. If one partner dies, despite being together for 60 years, that partner can inherit property if it was specifically willed but that property is taxed at a higher capital gains tax rate instead of an inheritance because of the lack of being legally considered family (many same-sex partners are forced to sell their jointly owned homes after a partner dies due to the higher taxes).
2006-11-01 13:20:51 · answer #1 · answered by χριστοφορος ▽ 7 · 0⤊ 0⤋
If the law in a state does not recognize same sex marriage, it will not recognize a "common law" marriage b/w individuals of the same sex. Further, not all states recognize common law marriages. The state would need to uphold the "validity" of both for a situation to exist where living w/ a same sex partner would "turn into" marriage.
MA is the only place you can get married at this point if you and your partner are of the same sex...and MA does not recognize common law marriage. So you have to go through the legal process to be recognized in MA.
You can leave whatever you want in your will. I am not an estate planner but...that seems intuitive. I wonder if you can delegate decision making abilities to a partner (of any sex) in a living will? Ex: you are a vegetable and want the plug to be pulled in that situation.
On a side note, I'm sick and tired of people interjecting their religious and moral arguments into this. There is a reason why the constitution of this country was written to keep religion and law separate. Religious arguments are immaterial and irrelevant when arguing laws - especially marriage. The government itself should have the most minimal control over marriage possible and this includes dictating whether or not two consenting adults would like to receive equal treatment as the rest of us straight people.
2006-11-01 13:19:41 · answer #2 · answered by G_Elisabeth 5 · 1⤊ 0⤋
For the most part, to answer your questions it's political. There are some politicians fighting to change those laws that ban same sex marriage/civil unions & such. However there are steps you can take to have some of the issues resolved. This page http://www.msnbc.msn.com/id/15093573/ is a good example of what same sex partners can do to make the legal issues a bit easier to deal with. Is same sex marriage the same as common law? Well, yes & no. There again, you still have the legal issues in both which makes it the same, but marriage is having the state recognize you're partners for life.
2006-11-01 13:17:36 · answer #3 · answered by Anonymous · 1⤊ 0⤋
I'm Canadian and married..but it's my understanding that we qualified for same sex common law before that...at least our employers honored that...as well as our income tax reporting....I'm not certain of laws in the US..but we have a gay doctor in common and we also had filled out living will requests and other legal paper work so that we had power of attorney over each other..so that 1 person could decide the other's fate if necessary...the gay doctor just helped because it would ensure that we could see each other in the hospital without special permission...but of course we are married now so this is all old...I would think that the laws are similar in the US though.
2006-11-01 13:45:25 · answer #4 · answered by Anonymous · 0⤊ 0⤋
No, common law does not recognize two members of the same sex except in some areas.
Wills can and should be used to make legal declarations... but if certain states pass "Marriage Protection" amendments, then the wills will be pointless, because others can challenge the will.
2006-11-01 13:09:44 · answer #5 · answered by yetanothergwm 2 · 0⤊ 0⤋
What's the intent of reverse intercourse marriage? It's approximately forming a brand new household; and approximately the authorized realization of 1's household unit. Uh, "anything to do with 'equality'" sure, precisely. SOME men and women are allowed to marry, others aren't, for no truly intent. I have no idea approximately the UK, however within the US, there are over a THOUSAND exact rights denied to those that are not married, however have civil unions rather. It just about comes all the way down to freedom -- why are SOME men and women allowed to marry, and others prohibited from doing so? Why must a few men and women avert others from doing this sort of fundamental factor as getting married.
2016-09-01 05:49:29 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Not all states recognize common law, so your theory would only apply to those that do.
I am sorry that for this time people are closed minded to reality. Just remind yourself that these same type people didn't want interracial or interfaith marriages either.
You can get virtually the same treatment when it comes to your medical health and assets. Get and sign Durable Powers of Attorney for the medical aspects and then get wills.
I, for one, am a straight American that feels you should be able to unite legally, call it marriage or not, and that you and your s.o. should be entitled to all the rights and responsibilities of married Americans. I also think you need to fall under the same horrible laws concerning divorce and the unfairness of married taxation.
Eventually the logical and rational among us shall win, and this Twenty-First Century discrimination will cease.
Good Luck to you
2006-11-01 13:17:12 · answer #7 · answered by Gem 7 · 1⤊ 0⤋
Society's Laws, and the Standard moral view points in the US. are against same sex marriages for reasons like this, that you mention in your question " Why the common law marriage would not allow there partner to make choice's for the if any unforeseen event might happen." A Marriage as defined in the Bible is Between a Man and a Woman, our nation was founded on this idea and will fall if we go against it. The Act of Homosexuality has only has brought heart ache and pain to many families not to mention Aids and various STD's we need to stand up and say stop.
2006-11-01 13:28:32 · answer #8 · answered by dheck03 3 · 0⤊ 4⤋
I totalally agree with you.I have been with my g/f for 4 years now-but if she went to the hospital i proabally wouldn't have a say so over anything,and thats sad.I would hope she would have a say so over me-but the way the world is-it's so messed up.But if we were man and woman things would be different-thats a bunch of bull!
2006-11-01 13:16:14 · answer #9 · answered by Anonymous · 0⤊ 0⤋
No, unfortunately... there's no such thing as gay common-law marriages... though there should be. Who decided being straight was so great anyway?
2006-11-01 13:47:39 · answer #10 · answered by Phedre D 3 · 1⤊ 0⤋