What is the Status of Same-Sex Couples Currently? Not until recently have gay couples been able to legally enter into a union of same-sex marriage, and only in the states of Massachusetts and Oregon. Under the current law, in California same-sex couples can register as domestic partners, in Hawaii, same-sex couples can register as partnerships, and in Vermont and Connecticut, same-sex couples can enter into civil unions. Presently, gay couples from out-of-state are not allowed to marry in Massachusetts if the union would be illegal in their home state. Gay couples that are married in Massachusetts or Oregon may not be honored due to the Federal Defense of Marriage Act. What is the Federal Defense of Marriage Act?The Federal Defense of Marriage Act of 1996 denies federal recognition of gay marriages and accordingly all federal rights available to married couples. The Act defines marriage as between a man and a woman, and gives each state the right to refuse recognition of same-sex marriage licenses. However, the Act does not prohibit states from allowing gay marriages, nor does it obligate states to recognize gay marriages from other states. What are Some Rights a Gay Partner May Acquire?Aside from same-sex marriages, domestic partneships and civil unions, there are some other ways a gay couple may acquie rights similar to a married couple:
- Estate planning - The laws of each state govern the division of property when a person dies intestate. In a state where same-sex couples are not recognized and in the absence of a valid will, the estate of a lesbian or gay man will be divided accordingly amongst his or her surviving biological family regardless of how remote that relationship may be.
- Power of attorney ¿ Individual may entrust their gay partner to hold a power of attorney to enable the gay partner to enter into contracts, negotiate, and settle matters as if they were that other person.
- Medical Power of attorney ¿ Authorizes a gay partner to make healthcare decisions on your behalf when you are no longer competent to do so on your own. This includes determining whether life-support measures should be halted.
Should I Consult an Attorney if I am in a Same Sex Relationship? Each state varies as to their recognition of same sex couples and their respective rights. Therefore, if you are involved in a same sex relationship, it is wise to consult with an attorney when planning out a life together with your gay partner. |
