Separate but equal is not equal

By Amber Mendoza













There is a massive amount of debate about whether civil unions are the same as
marriage. The simple truth is that there are a multitude of differences between civil
unions and marriage. While marriage is a federally protected institution with certain
rights, obligations and protections, civil unions are only recognized on a state level and
lack those specific rights, obligations and protections that the institution of marriage
carry. Separate but equal rights where marriage is concerned is not the same as
experiencing equality. Until same sex couples are allowed the same rights as
heterosexual couples there will be a continued feeling that same sex couples are subpar
or inferior to heterosexual couples and this is something that cannot be continued to be
allowed.
The federal government defines marriage as an institution between one man and
one woman, with the word spouse referring only to a person of the opposite sex who is
a husband or wife (Manning, 2004). With the passing of the Defense of Marriage Act in 1996
civil unions or same sex marriages would only be recognized in states that allow same sex
unions. Marriage between two heterosexuals on the other hand is recognized in all 50 states
because they are federally protected and recognized. With the lack of federal protection
provided for heterosexual couples same sex couples live in a sort of limbo where their union or
marriage is concerned. Most married couples take for granted the rights that they are entitled
to as a heterosexual couple such as the simple act of visiting a spouse in the hospital.
Civil unions are only recognized from state to state which carries certain difficulties that
a heterosexual couple would not encounter. Married heterosexual couples are entitled to a
portability factor that same sex couples are denied. If a married couple wants to move to a
different state they do not have to worry that their marriage will not be recognized in their new
state whereas civil unions are only recognized in states where civil unions are legal. This means
that if you are in a civil union in a state that does not recognizes the legal status of your
relationship you could not get a divorce in that state. You would have to relocate to a state that
does recognize civil unions in order to file and receive a divorce. Since most people cannot
move just for a divorce it makes it almost impossible to dissolve a civil union for an average
citizen.
Another drawback of civil unions is the lack of federally protected rights associated with
marriage such as the ability to fill out paperwork where you are asked if you are married or
single. Federal programs require you to fill out paper work to qualify for services. If you are in a
civil union you cannot mark on the form that you are married since the federal government
does not recognize civil unions as a marriage. If you fill out a federal form and say that you are
married when you are in a civil union you are committing fraud in the eyes of the federal
government. This means that where a traditionally married couple could file for Medicaid and
identify themselves as a single family unit a civil union couple could simply not do that because
they are neither single nor married. A drawback of this situation is that in a traditional couples
income would be a total of the combined money made by both spouses. A couple in a civil
union would only have the person asking for assistances income assessed which means that
they would technically qualify for state and federal programs that they would not otherwise
qualify for if both spouses incomes were assessed (Henig & Robertson, 2007).
The military has had a long standing policy of dont ask dont tell until December 2010
when president Barrack Obama repealed the policy in 2011. This allowed gay or lesbian people
to openly serve in our armed forces. While this does mark a giant leap in the mind set toward
gay and lesbians individuals where the government is concerned it did not help our openly gay
unions in the military receive equal right. As a traditionally married member of the armed
forces your family is entitled to certain rights and perks as a military family such as death
benefits, assistance for relocation, education for your spouse, support programs for families of
military personnel, health insurance benefits, the right to claim dependents, funds for housing,
or the ability to life in military owned houses. In any situation where the word spouse or
dependent is used you are not eligible to receive those benefits since the government does not
recognize your marriage if it is to a member of the same sex. This means that dependent
children (stepchildren) would not automatically qualify for many of the basic allowances for
children whose parents are in a traditional marriage. To break it down a little further a stepchild
of a gay married member of our armed forces could not list that child as a dependent unless
they went through the legal process to adopt that child. This disqualifies those children from
living on the base, receiving health and dental insurance, and they lack the protection from
abuse by their parent. Because their parent is in a civil union not recognized by the government
they do not qualify for emergency shelter or military-sponsored protection from their abuser
nor would they be treated for any injuries sustained by their abuser unless paid for by them out
of their own pocket (Servicemembers Legal Defense Network, 2011).
A glaring difference between the rights and protections afforded traditional marriage
and not provided to civil union couples is access to the more than 1,300 laws that pertain to
married couples. This includes a long list of benefits that the government refuses civil union
couples, but they are afforded to traditionally married couples. This includes access to social
security benefits, inheritances, the ability to make medical decisions for your partner or spouse,
child or spousal support, immigration benefits, and the right to receive gifts and property
without taxes accessed.
One of the biggest differences between marriage and civil unions is the ability to refer to
oneself as married. Marriage at its most basic form is two people being united as a couple
through a legal contract. Whether that contract is entered into by a man and a woman or two
people of the same sex should not matter. The government should see marriage as a contract
and not a religious intuition. The question is not whether or not a church should have the right
to refuse to marry same sex couples but whether the government has the right to deny people
of the same sex to enter into a legal contract. Marriage has a large amount of significance to a
very wide range of people. To gay and lesbian people the right to say that they are married is
the right to say that even though I am different from traditional couples I am entitled to the
same rights. Fundamentally we are all people and should be treated with the same courtesies,
rights, protections and respect no matter the color of our skin, the religion we practice and our
sexual orientation. Gay and lesbians are not asking to be accepted in churches they are asking
for federal protection of their individual rights.
















Bibliography

Bernard, T. S. (2011, February 22). Tax Tips for Same-Sex Couples. New York Times. Retrieved
from http://bucks.blogs.nytimes.com/.../tax-tips-for-same-sex-couples-2

Henig, J., & Robertson, L. (2007, August). What is a Civil Union. FactCheck.org, (), 1-5.

Manning, J. (2004, April). The battle over same sex marriage-The defense of marriage act. Online
NewsHour, ().

Civil marriage v. Civil unions. (2011). Retrieved from http://www.glad.org

Servicemembers Legal Defense Network. (2011). Retrieved from
http://www.sldn.org/pages/family-benefits












Week Sixs Assignment

I. Introduction
Thesis statement: While marriage is a federally protected institution with certain
rights, obligations and protections, civil unions are only recognized on a state
level and lack those specific rights, obligations and protections that the
institution of marriage carry.
II. What the different stages of our government defines marriage as and what that means.
A. Marriage as defined by the government is between one man and one woman
only.
B. Civil unions are only recognized on the state level and have no federal
standing what so ever.
B1. Civil unions are only legal in states that recognize them.
B2. There is a lack of portability with civil unions
III. Civil unions lack most of the rights that married couples receive due to the lack of
federal recognition.
A. Civil union couples do not receive the same federal tax regulations.
B. Social security benefits are denied
C. Military and veterans benefits are also restricted
IV. Conclusion
Inequality amounts to subpar citizens where gay and lesbians are concerned.