Heterosexual Marriage vs Same-Sex Marriage

Marriage is the formal union of a man and woman, typically recognized by law, by which they become husband and wife. On the other hand, same-sex marriage is the union between two individuals of the same sex. Without same-sex marriage, gay and lesbian couples, which choose to share this union, will not be able to have the same types of benefits as the marriages between a man and a woman. In addition, they will not be recognized by some of the states in which they reside. Civil Unions are in place at the moment, however, in a civil union you are not entitled to the same types of benefits as heterosexual married couples. These benefits include: social security benefits, (such as spousal survivor benefits and spousal retirement benefits), tax benefits, estate tax and estate planning benefits, veteran and military benefits, federal employment benefits, and lastly, immigration benefits. Same-sex marriage would be beneficial to many gay and lesbian couples. 

Blanche and Sophia Talk Gay Marriage

Contemporary and Historical Points

In 1993, president Bill Clinton put the "Don't ask, Don't tell" policy into effect. This policy prohibited military personnel from discriminating against or harassing closeted homosexual or bisexual service members or applicants while baring openly gay, lesbian or bisexual persons from military service.


In 2006, then-Pennsylvania Senator, Rick Santorum, and other GOP (Grand Old Party) conservatives pushed for an amendment to the Constitution to clarify that there was no fundamental constitutional right for same-sex couples to marry.

President Obama voted against moving ahead with the proposed amendment. “This debate is a thinly-veiled attempt to break a consensus that is quietly being forged in this country,” he said. “A consensus between Democrats and Republicans, liberals and conservatives, Red States and Blue States, that it's time for new leadership in this country - leadership that will stop dividing us, stop disappointing us, and start addressing the problems facing most Americans.”

In 2007, and 2008 when President Obama ran for the Democratic presidential nomination, he spoke at a forum sponsored by the gay advocacy group, the Human Rights Campaign.

 On marriage, President Obama said, “We should try to disentangle what has historically been the issue of the word ‘marriage,’ which has religious connotations to some people, from the civil rights that are given to couples, in terms of hospital visitation, in terms of whether or not they can transfer property or any of the other -- Social Security benefits and so forth.”

In 2011, Obama repealed the DADT policy stating, " As of September 20, service members will no  longer be forced to hide who they are in order to serve our country."


Democrat Bill Clinton, signed the Defense Act of Marriage which is an act that defined marriage as only between a man and a woman. The Obama administration last year decided not to enforce the Denfense Act of Marriage in the courts.

On June 6, 2012, President Obama attended the LGBT (Lesbian, Gay, Bisexual, Transgender) leadership Council's 2012 Gala in Los Angeles which benefited the LGBT community.

President Obama founded the LGBT leadership council in August 2007 during his 2008 campaign.

It is also not clear whether President Obama still believes, as he said in 2006, that, " decision about marriage should be left to the states as they always have been." 

Civil Unions vs Gay Marriage

Reasons why marriage would be more beneficial to same sex couples:

Number of Legal Benefits:

• Marriage: Over 1,049 federal and state level benefits
• Civil Unions: Over 300 state level benefits. *No federal protection

Tax Relief:

• Marriage: Couples can file both federal and state tax returns jointly.
• Civil Unions: Couples can only file jointly in the state of civil registration.

Medical Decisions:

• Marriage: Partners can make emergency medical decisions.
• Civil Unions: Partners can only make medical decisions in the registered state. Partners may not be able to make decisions out of state.

Gifts:

• Marriage: Partners can transfer gifts to each other without tax penalty.
• Civil Unions: Partners do not pay state taxes, but are required to report federal taxes.

Death Benefits:

• Marriage: In the case of a partner's death, the spouse receives any earned Social Security or veteran benefits.
• Civil Unions: Partners do not receive Social Security or any other government benefits in case of death. In the case of the death of former Congressman Gerry Studds, his partner of 15 years was denied the government pension that would have gone to a legally recognized spouse.

Child/Spousal Support:

• Marriage: In case of divorce, individuals may have a legally-binding financial obligation to spouses and children.
• Civil Unions: In the case of dissolution , no such spousal or child benefits are guaranteed or required out of state.

Immigration Rights:

• Marriage: U.S. citizens and legal residents can sponsor their spouses and family members for immigration.
• Civil Unions: U.S. citizens and legal residents cannot sponsor non-legal spouses or family members.

Local Organizations

GLAD (Gay and Lesbian Advocates and Defenders) – Leading legal rights organization dedicated to ending discrimination based on sexual orientation, HIV status and gender identity and expression.

            

Recent Court Cases:

 - D’Amico vs. Cranston School Department: “The Rhode Island human rights commission found probable cause to believe that sexual orientation discrimination had occurred when a Rhode Island teacher was denied family leave benefits to care for her partner despite a collective bargaining agreement that extends leave to immediate family or ‘additional persons in the immediate household’.”

- GLAD gives tips for married couples to preserve rights under social security until DOMA (Defense of Marriage Act) is overturn