Same-Sex Marriages: Legal Issues Same-Sex Term Paper

Excerpt from Term Paper :

" In all other cases, out-of-state marriages are valid and accepted everywhere. Even where domestic partnerships are recognized, same-sex couples may not be able to reap any real benefits: "Domestic partnership laws provide even fewer protections than civil unions and can vary dramatically depending on the jurisdiction that enacts the law. In some jurisdictions, domestic partner registries do not confer any rights or responsibilities at all and are simply a registration." (Doering, 2004)

The children of gay parents do not enjoy the same civil protections as children of heterosexual parents. In case of adoption, things may become even more complicated. A gay person who chooses to adopt a child is likely to face many hurdles since the legal system may prejudicially term him/her unfit to raise a child. Another important issue is the prejudice towards adoption by a co-parent. By denying the second parent the right to adopt the child can, according to APA, deprive the child of the psychological and legal benefits " that comes from having two willing, capable, and loving parents." (Davis 2002) the security that comes from a legally sanctioned union can help a child emotionally and psychologically because long-term relationships approved by the law of the land provide some essential benefits. The child is not only cared and supported by two loving parents, he/she will also be entitled to receive support in the case of death of one parent. Custody of a child may become easier if it can be proved that child doesn't witness sexual contact between parents.

Same-sex couples may also be denied employee domestic partnership benefits. For one, it all depends on the definition of the term in the state where the couple lives. If it's just a registration with no legal benefits, then employee benefits may not be offered. However if its considered closer to marriage with some or all of the basic rights and benefits, then a person can claim employee benefits. These benefits can range from simple bereavement and sick leave to a more comprehensive list.

There is a great deal of research and literature available on the subject of gay marriages, parenting and other civic rights. The problem with the findings of these researches is that they are often contradictory in nature reflecting a bias of some kind. Those who support gay marriages may often be gay themselves and thus their findings are not always reliable, similarly those who oppose it may belong to the religious and political right. In short, it will take a long time before our country can have the same legal rights for same-sex couples as it has for heterosexual couples. Meanwhile gay and lesbian couples continue to struggle against many odd hurdles and legal obstacles.

References

Jeanie Lerche Davis. Adoption in Same-Sex Couples. WebMD Medical News. Accessed on March 19th 2007:

http://www.webmd.com/content/article/25/3606_1217.htm?src=rss_cbsnews

Guide to Family Law" accessed on March 19th 2007: http://family.findlaw.com/marriage/same-sex/gay-parents-impact.html

Karen M. Doering. 1,500 Reasons Why We Need Marriage Equality

January 2004 Accessed on March 19th 2007:

http://www.nclrights.org/publications/1500reasons-0304.htm

U.S.C. 7.

Loucks v. Standard Oil Co., 120 N.E. 198, 202 (N.Y. 1918)

Guide to Family Law

Sources Used in Document:

References

Jeanie Lerche Davis. Adoption in Same-Sex Couples. WebMD Medical News. Accessed on March 19th 2007:

http://www.webmd.com/content/article/25/3606_1217.htm?src=rss_cbsnews

Guide to Family Law" accessed on March 19th 2007: http://family.findlaw.com/marriage/same-sex/gay-parents-impact.html

Karen M. Doering. 1,500 Reasons Why We Need Marriage Equality

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