Marriage affects us all

Marriage is about commitment, stability, fidelity and community. These are principles our society should value, not rally against. But those supporting the anti-marriage amendment are doing just that. Why?

Maybe people do not know the real impact marriage has on a couple who are committed to one another. It may be a matter of you doing a little educating on the issues to people you know. Some will never get it, sadly, but the majority will.

Here are a few of the more than 1,000 ways marriage affects us all:

Marriage makes life together more affordable.

• Spouses are allowed to make life-saving decisions for each other without drafting powers of attorney or other complicated legal documents;
• Spouses presumptively inherit each others' estates without the need for intricate wills;
• Spouses may cohabitate in public housing units;
• Divorce laws protect both members of the relationship and minimize the power of one partner to keep the other in a situation of domestic violence;
• The spouse of a U.S. citizen may obtain residency in the United States without a long legal battle;
• Married people may adopt the children of their spouses easily and cheaply;
• Dependent health benefits are tax-free for a married couple, whereas an unmarried couple is taxed;
• By filing jointly, married couples in which one partner has a much higher income pay significantly less tax than similarly situated unmarried couples.

Marriage discrimination harms poor and otherwise disadvantaged couples

• Medical emergencies -- Living wills and powers of attorney are intricate and expensive legal documents to draft. Doctors can leave same-sex partners out of critical decision-making processes without these documents. Marriage eliminates the need for any legal documents because spouses are not only allowed, but indeed expected, to make these important decisions for one another;
• Divorce -- Unmarried partners cannot take advantage of the benefits of the forum of the divorce court to "wind-up" their relationships. Even without substantial assets to divide, issues of child support, childcare, and partner support arise that poor people will not have been able to plan for in advance through sophisticated legal mechanisms;
• The death of one partner -- Even the lowest wage workers, if legally employed, pay to support the Social Security system. Unmarried partners, though, cannot receive the Social Security survivor benefits that married partners do, and may therefore be left without any means of supporting themselves.
• Healthcare available to married couples -- Allowing same-sex couples to marry would extend Medicare and Medicaid spousal benefits and would allow for the tax-free provision of benefits by an employer to the same-sex partner of an employee;
• Housing Benefits -- Same-sex couples do not receive the protections of joint rental leases with automatic renewal rights. In highly competitive public housing slots, families can lose their homes.
• Immigration Benefits -- A foreign-born national has a presumptive right to a green card when married to an American citizen or legal permanent resident. The spouse may then obtain a work permit and eventually become a U.S. citizen. Spouses of U.S. citizens and lawful permanent residents also face a far shorter waiting period. These spousal rights even trump the United States' ban on immigration for HIV+ individuals. Same-sex partners are denied the family respect that otherwise governs immigration law.
• Social Security Benefits -- No spousal benefits, including survivor benefits and disability benefits, are available to same-sex couples.

Marriage discrimination harms children

• The children have automatic and undisputed access to the resources, benefits and entitlements of both parents.
• Married couples do not have to incur any expenses, legal or otherwise, to ensure that both parents have the right to make important medical decisions for their children in case of emergency.
• The children of legally married couples are automatically eligible for health benefits from both parents, as well as child support and visitation from both parents in the event of separation.
• If one of the parents in a marriage dies, the law provides financial security not only for the surviving spouse, but for the children as well, by ensuring eligibility to all appropriate entitlements, such as Social Security survivor benefits.

(Source: Drum Major Institute for Public Policy)

[Note: 9/30/2004 - This post originally used the word 'effect' rather than 'affect' in the title and body of the text. There was much discussion over which word was most accurate because marriage effects legal issues and marriage affects people. We appreciate those who have made the case that 'affects' is more properly used -- and we likely will avoid ever putting together a post that involves either word again. Ed., Marriage Matters]