ALTERNATIVES TO MARRIAGE: THE MINI-ANSWERS

Okay, here is Dale's list. Let me run through it briefly:

(1) second-parent adoptions, so that same-sex partners could jointly adopted a child, instead of just one of them having the legal rights of a parent?Answer: Too complicated to assess in one breath. I really object to the idea of adult-centered adoption, i.e. talking or thinking about adoption laws as a means to help adults form alternative families that they want. In adoption the state actually strips a child of access to his or her natural parents. The state in that circumstance, had darn well better be focussing exclusively on getting that individual child into the best possible situation, which I think we agreed was a mother and a father who are married. If we had strong marriage preferences in adoption laws, then I think it is possible that second-parent adoptions might be in children's best interests. But I am not sure. Why don't we wait and do research on how children do in states with second-parent adoptions compared to other states? If you end up encouraging drawn-out custody battles you might actually find children were worse off, though adults felt better.


(2) health benefits granted by the state to the same-sex partners of state employees? I think I answered this one. One-one hundredth of one percent of GM employees extend health benefits to a same-sex partner. Maybe it is not worth fighting about, one way or another. But neither is it an urgent crisis that this is denied. (Hint: why can you extend your health insurance to your spouse but not your sister? Because this particular scheme was designed to allow husbands to protect women from the high costs of childbearing. Take children out of the equation, and most adults work and maintain their own health insurance benefits).


(3) the right to visit a same-sex partner if he or she is sick or dying in the hospital? I think this is very important and the stories I hear are shocking and distressing. One solution: why not pack some oomph into the medical power of attorney, by allowing the holder to sue on behalf of the deceased if his or her instructions are ignored?

(4) inheritance rights if a same-sex partner dies without a will? Sorry, if you die without a will you gotta presume you either did not care, or wanted your nieces and nephews to get it.

(5) the transfer of an estate untaxed to a same-sex partner upon death? Well if the Republican have their way, the death tax will only apply to millionaires anyway, so how many peole will really be affected?

(6) the right to take time off from work to care for a sick or dying partner under the Family Medical Leave Act? (you may have doubts about this Act as a whole, as I do, but as long as it exists...) This I am sympathetic too but would have to figure out how.
(7) the right to have a same-sex partner immigrate to the U.S.? Nope this is a spousal right.

(8) the right to refuse to testify against a same-sex partner in court? Nope ditto. I doubt very much this one is keeping gays and lesbians (or straight people) up nights.

posted by maggie at 5:13 PM | link

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