27 posts tagged “civil unions”

The McFreeds share the following news...

Advocate.com reports a simple discription of what is happening legally in the California Proposition 8 litigation...

The California supreme court announced Wednesday that it will review legal challenges to Proposition 8, which passed by a narrow margin on November 4, constitutionally banning same-sex marriage in the state.

But don't look for any resolution in the immediate future: The high court scheduled a hearing for March, asking litigants on both sides for more written arguments in the interim.

The National Center for Lesbian Rights, the American Civil Liberties Union, and Lambda Legal filed a suit challenging the validity of Prop. 8 on November 5, before Equality California, the official group that worked to defeat Prop. 8, had formally conceded.

The court will be asked to answer the following questions:

"Is Proposition 8 invalid because it constitutes a revision of, rather than an amendment to, the California constitution?"

"Does Proposition 8 violate the separation of powers doctrine under the California constitution?"

"If Proposition 8 is not unconstitutional, what is its effect, if any, on the marriages of same-sex couples performed before the adoption of Proposition 8?"

Sean shares this vlog (video blog)...

With all the talk about African-Americans and Latinos roles in passing California's Proposition 8, we forget that there is a lot of outreach to be done. Check out this episode of the Mocha Lounge on 365gay.com.

Note: I did not embed this video because it started everytime you opened up our blog. Please utilize the link.  

The McFreeds let you in on the rights that all legal marriages in this country have under federal law...

Here is a list of marriage rights provided by U.S. federal law according to the General Accountability Office (GAO) in a 2004 report. Notice that most of these are economic in nature. Name your favorite right!

• Right to many of ex- or late spouse's benefits, including:
• Social Security pension
• veteran's pensions, indemnity compensation for service-connected deaths, medical care, and nursing home care, right to burial in veterans' cemeteries, educational assistance, and housing
• survivor benefits for federal employees
• survivor benefits for spouses of longshoremen, harbor workers, railroad workers
• additional benefits to spouses of coal miners who die of black lung disease
• $100,000 to spouse of any public safety officer killed in the line of duty
• continuation of employer-sponsored health benefits
• renewal and termination rights to spouse's copyrights on death of spouse
• continued water rights of spouse in some circumstances
• payment of wages and workers compensation benefits after worker death
• making, revoking, and objecting to post-mortem anatomical gifts
• Right to benefits while married:
• employment assistance and transitional services for spouses of members being separated from military service; continued commissary privileges
• per diem payment to spouse for federal civil service employees when relocating
• Indian Health Service care for spouses of Native Americans (in some circumstances)
• sponsor husband/wife for immigration benefits
• Larger benefits under some programs if married, including:
• veteran's disability
• Supplemental Security Income
• disability payments for federal employees
• Medicaid
• property tax exemption for homes of totally disabled veterans
• income tax deductions, credits, rates exemption, and estimates
• Joint and family-related rights:
• joint filing of bankruptcy permitted
• joint parenting rights, such as access to children's school records
• family visitation rights for the spouse and non-biological children, such as to visit a spouse in a hospital or prison
• next-of-kin status for emergency medical decisions or filing wrongful death claims
• custodial rights to children, shared property, child support, and alimony after divorce
• domestic violence intervention
• access to "family only" services, such as reduced rate memberships to clubs & organizations or residency in certain neighborhoods
• Preferential hiring for spouses of veterans in government jobs
• Tax-free transfer of property between spouses (including on death) and exemption from "due-on-sale" clauses.
• Special consideration to spouses of citizens and resident aliens
• Spouse's flower sales count towards meeting the eligibility for Fresh Cut Flowers and Fresh Cut Greens Promotion and Information Act
• Threats against spouses of various federal employees is a federal crime
• Right to continue living on land purchased from spouse by National Park Service when easement granted to spouse
• Court notice of probate proceedings
• Domestic violence protection orders
• Existing homestead lease continuation of rights
• Regulation of condominium sales to owner-occupants exemption
• Funeral and bereavement leave
• Joint adoption and foster care
• Joint tax filing
• Insurance licenses, coverage, eligibility, and benefits organization of mutual benefits society
• Legal status with stepchildren
• Making spousal medical decisions
• Spousal non-resident tuition deferential waiver
• Permission to make funeral arrangements for a deceased spouse, including burial or cremation
• Right of survivorship of custodial trust
• Right to change surname upon marriage
• Right to enter into prenuptial agreement
• Right to inheritance of property
• Spousal privilege in court cases (the marital confidences privilege and the spousal testimonial privilege)
• Spousal income and assets are counted in determining need in many forms of government assistance, including:
• veteran's medical and home care benefits
• housing assistance
• housing loans for veterans
• child's education loans
• educational loan repayment schedule
• agricultural price supports and loans
• eligibility for federal matching campaign funds
• Ineligible for National Affordable Housing program if spouse ever purchased a home.
• Subject to conflict-of-interest rules for many government and government-related jobs
• Ineligible to receive various survivor benefits upon remarriage
• Marriage penalty/bonus with income taxes
• Someone working for their spouse cannot be defined as an "employee”
• Someone cannot change beneficiaries in a retirement plan or from waiving the joint and survivor annuity form of retirement benefit, without the written consent of his or her spouse
• Wages can be garnished at a maximum of 60% (instead of the normal 25% limit) if the garnishing is for alimony or child support
• State community property laws in divorce/separation cases

The McFreeds announce that President-elect Barack Obama has laid out an agenda for GLBT/LGBT civil rights...

Announced today on the President-elect Barack Obama Transition site change.gov, the following items were laid out as the Obama Administration's goals in the area of LGBT/GLBT civil rights. Will we hold them to their promise and help them pass this ambitious agenda which no former President has ever embraced?

The Obama-Biden Plan

• Expand Hate Crimes Statutes: In 2004, crimes against LGBT Americans constituted the third-highest category of hate crime reported and made up more than 15 percent of such crimes. Barack Obama cosponsored legislation that would expand federal jurisdiction to include violent hate crimes perpetrated because of race, color, religion, national origin, sexual orientation, gender identity, or physical disability. As a state senator, Obama passed tough legislation that made hate crimes and conspiracy to commit them against the law.
• Fight Workplace Discrimination: Barack Obama supports the Employment Non-Discrimination Act, and believes that our anti-discrimination employment laws should be expanded to include sexual orientation and gender identity. While an increasing number of employers have extended benefits to their employees' domestic partners, discrimination based on sexual orientation in the workplace occurs with no federal legal remedy. Obama also sponsored legislation in the Illinois State Senate that would ban employment discrimination on the basis of sexual orientation.
• Support Full Civil Unions and Federal Rights for LGBT Couples: Barack Obama supports full civil unions that give same-sex couples legal rights and privileges equal to those of married couples. Obama also believes we need to repeal the Defense of Marriage Act and enact legislation that would ensure that the 1,100+ federal legal rights and benefits currently provided on the basis of marital status are extended to same-sex couples in civil unions and other legally-recognized unions. These rights and benefits include the right to assist a loved one in times of emergency, the right to equal health insurance and other employment benefits, and property rights.
• Oppose a Constitutional Ban on Same-Sex Marriage: Barack Obama voted against the Federal Marriage Amendment in 2006 which would have defined marriage as between a man and a woman and prevented judicial extension of marriage-like rights to same-sex or other unmarried couples.
• Repeal Don't Ask-Don't Tell: Barack Obama agrees with former Chairman of the Joint Chiefs of Staff John Shalikashvili and other military experts that we need to repeal the "don't ask, don't tell" policy. The key test for military service should be patriotism, a sense of duty, and a willingness to serve. Discrimination should be prohibited. The U.S. government has spent millions of dollars replacing troops kicked out of the military because of their sexual orientation. Additionally, more than 300 language experts have been fired under this policy, including more than 50 who are fluent in Arabic. Obama will work with military leaders to repeal the current policy and ensure it helps accomplish our national defense goals.
• Expand Adoption Rights: Barack Obama believes that we must ensure adoption rights for all couples and individuals, regardless of their sexual orientation. He thinks that a child will benefit from a healthy and loving home, whether the parents are gay or not.
• Promote AIDS Prevention: In the first year of his presidency, Barack Obama will develop and begin to implement a comprehensive national HIV/AIDS strategy that includes all federal agencies. The strategy will be designed to reduce HIV infections, increase access to care and reduce HIV-related health disparities. Obama will support common sense approaches including age-appropriate sex education that includes information about contraception, combating infection within our prison population through education and contraception, and distributing contraceptives through our public health system. Obama also supports lifting the federal ban on needle exchange, which could dramatically reduce rates of infection among drug users. Obama has also been willing to confront the stigma -- too often tied to homophobia -- that continues to surround HIV/AIDS. He will continue to speak out on this issue as president.
• Empower Women to Prevent HIV/AIDS: In the United States, the percentage of women diagnosed with AIDS has quadrupled over the last 20 years. Today, women account for more than one quarter of all new HIV/AIDS diagnoses. Barack Obama introduced the Microbicide Development Act, which will accelerate the development of products that empower women in the battle against AIDS. Microbicides are a class of products currently under development that women apply topically to prevent transmission of HIV and other infections.

Sean shares...

Below is a conversation that D.L. Hughley and Dan Savage had on Hughley's new talk show on CNN specifically targeting African-Americans and operating in the same vein as The Daily Show. This honest and respectful discussion between two people is what really should go on today. I am not a fan of Dan Savage at times but this was a great few minutes. Hughley was very honest and I think spoke very much for many people in his simple view of the whole Proposition 8 debate. We must remember that not all people who oppose us are wrong, they just don't know us yet.

Sean blabs again about the JoinTheImpact rally in Baltimore...

Here are my exact words I spoke to open the rally at Baltimore City Hall on November 15, 2008 at 1:30pm. Thought this little neighborhood and maybe Stefan and my family would enjoy reading it since they couldn't be there. 

There was a moment of silence coordinated nationwide at 2pm to recoginize the 18,000 California families who had their marriages put in jeopardy by the passage of Proposition 8. That was really moving. Kyle & Cypher and Frank and Bill, I thought of you guys at that moment.

I also said some great things about Stefan of course to the crowd but I have bragged too much on here to you all, you would probably be bored out of your mind if you aren't already!

HELLO BALTIMORE!!!!

ARE YOU READY TO HAVE YOUR VOICE HEARD TODAY?!

AMERICA CAN’T HEAR YOU! (SAY AT LEAST ONCE)

ARE YOU READY TO HAVE YOUR VOICE HEARD TODAY?!

 

WE GATHER HERE TOGETHER TODAY AS…

 

NOT JUST AS A GAY/LESBIAN/BISEXUAL/TRANSGENDER/QUEER COMMUNITY,

 

NOT JUST AS STRAIGHT COMMUNITY,

 

NOT JUST AS MEN AND WOMEN,

 

NOT JUST AS A MEMBER OF A RACIAL, ETHNIC, OR RELIGIOUS GROUP

 

NOT JUST AS CONCERNED PARENTS AND FAMILIES

 

WE GATHER PEACEFULLY HERE TODAY AS AMERICANS TO SAY

 

NO TO HATE,

NO TO MISINFORMATION,

NO TO DISCRIMINATION BY BALLOT

 

WE COME HERE TO BALTIMORE CITY HALL TO PROTEST WITH THOUSANDS OF OTHER AMERICANS IN 300 U.S. CITIES AND ALL 50 STATES THE PASSAGE OF STATE BALLOT INITIATIVES THAT TOLD GAY AND LESBIAN FAMILIES THAT THEIR RIGHTS DO NOT MATTER.

 

YOU ALL KNOW THE FACTS…

 

IN CALIFORNIA, THE RIGHT TO MARRY UNDER STATE LAW WAS TAKEN AWAY BY PUBLIC VOTE.

 

IN FLORIDA, THE RIGHT TO MARRY OR OBTAIN A CIVIL UNION WAS BANNED BY PUBLIC VOTE.

 

IN ARIZONA, THE RIGHT TO MARRY WAS BANNED BY PUBLIC VOTE.

 

IN ARKANSAS, UNMARRIED GAY, LESBIAN, AND STRAIGHT COUPLES WERE BANNED FROM ADOPTING OR FOSTERING CHILDREN.

 

WITH ALL THIS TALK ABOUT AMERICAN VALUES THESE LAST FEW YEARS IS THIS WHAT WE WANT AMERICA TO STAND FOR?

 

THE REV. DR. MARTIN LUTHER KING JR. SAID ONCE THAT “The ultimate measure of a man is not where he stands in moments of comfort and convenience, but where he stands at times of challenge and controversy.”

 

DO YOU STAND TOGETHER IN THIS PLACE, AT THIS TIME, RIGHT NOW DETERMINED TO DEFEND EQUALITY IN AMERICA?

 

THEN LET’S GET THIS NATIONAL PROTEST STARTED! LET’S LET OUR FELLOW AMERICANS HEAR OUR VOICE TODAY! LET’S HEAR IT!!!!

 

THANK YOURSELVES FOR COMING TODAY!  YOU ALL HEARD ABOUT THIS EVENT THROUGH THE INTERNET. YOUR FACEBOOK PAGE. YOUR MYSPACE FRIENDS. VIA FORWARDED EMAIL. VIA BLOG. VIA THE OLD FASHIONED WORD OF MOUTH!  THANK YOU FOR COMING AND SHOWING YOU CARE.

 

TODAY WE ARE MAKING A FIRST DROP IN THE POND OF HISTORY. THE RIPPLE YOU CREATE TODAY WILL CHANGE AMERICA. TOGETHER WE WILL MOVE AMERICA FORWARD AND ENSURE ALL AMERICANS ARE CREATED EQUAL UNDER THE LAW.

 

Later I said... 

 

Let’s say welcome to our opponents who are along for the ride with us today. Dr. Martin Luther King Jr. said once “Never succumb to the temptation of bitterness.”  Today we will protest nonviolently and will change America without bitterness. Our purpose is to have America hear our voices, not to watch us throw a punch. We get no where with anger, we get everywhere with determination.

Sean proudly brags...

Stefan's Letter To The Editor he submitted to The Baltimore Sun was published today!  It was edited so here is the abridged version published in the November 10, 2008 edition. Way to go Stefan!

Gay Marriage Vote Was Disheartening

November 10, 2008

Sean muses...

I keep turning to this ad and listening to its inspiring words. The last line "You got to give them hope!" truly inspires me everytime I hear it. Harvey Milk wasn't a perfect man and he certainly wouldn't have passed the muster of "decency" in many quarters. One thing ran true about Harvey, however, he inspired others to take up the lance against the windmill. And that is what we need in the gay community and with what we are told to call our "gay allies." We need to have someone, something rally us all to charge the windmill and beat it.

Is the leadership today in gay organizations around the nation doing that? Are we "coming out" and giving money and time to fight the right's challenge against our lives and families to be counted the "same?"

We need to give ourselves hope and wake this nation up and say we matter too and tell them why.

I fear that the economic crisis at the moment will allow President Barack Obama, the Congress, the nation's governors, and the state legislatures to push aside our concerns in the coming 2 years and we will not progress toward securing our rights in the "pursuit of happiness" because it is not seen as progressing the nation as a whole economically. To that I argue, we are families in economic disadvantage. The difference is we are not looking for a hand out. We are looking for justice under the law.

• We want laws to secure our jobs in protection of our "sexual orientation." Thirty states still do not do this although many of the Fortune 500 do. 
• We want laws that protect our families. There should be laws allowing us to marry so we can enjoy the same benefits all American do already: to choose who we love and create a legal partnership between two people so that mutual financial assets are secured. 
• We want laws protecting our children. We want all gays and lesbians to have the ability to choose whether to adopt children or participate in the right to second parent adoption. We want to ensure both parents biological or not have a legal care-giving role in our children's lives even if the relationship does not work out.  

How is this not what straight Americans want themselves? We want to be secure in our job, secure in our home, and security for our children. Are we not the same?

We must challenge tradition openly in the next two years. We must not shy from asking our President, Senator, Governor, Congressman, State Senator, State Representative, Councilman, County Supervisor, and Ward Leader what their position is on our issues.

We must ask what our employer's discrimination policy is and does it include us.

We must show our neighbors that we are families supportive in every way they are. We must in the end show ourselves and have our voice heard. This is a time to wake up not be discouraged. We must take the battle to the parlor not just the street.

We must take it to each person in America and ask them why should we not have what we have and listen respectfully but demand respect in return when it is our time to speak.

We must take up the flag ourselves now and use these four losses in California, Florida, Arkansas, and Arizona and show America how much we care and how much we want to be a permanent part of the American quilt. Because if we do not fight, noone will and noone will know to join us.    

We are nearly at the summit. We can do it!    

Stefan submits a Letter To Editor of The Baltimore Sun...

As thrilled as I am at Barack Obama’ victory on Tuesday, I am at the same time disheartened that the discriminatory marriage bans passed in CA, FL, & AZ.  Since when is a civil right – one that was already passed into law – contingent on majority rule?  It should never be up for a vote; a civil right is just that---the “right” thing to do.

If you’ll pardon the pun, let me see if I get this straight: gays and lesbians are depicted as exceedingly promiscuous, jumping from partner to partner with wild abandon.  Then, when they express the desire to get married (which is amazing they find the time to both find a partner and plan a wedding, what with the bar-hopping, drug-taking, and their other rampant lascivious behavior), they are told that those kinds of unions are not possible, are invalid, and will not be recognized.  Isn’t that the ol’ damned-if-you-do-damned-if-you-don’t. 

It is no secret that 50% of all marriages end in divorce.  If “traditional” marriage between a man and a woman is touted as the “backbone” of this country, then I’d say get thee to a chiropractor post-haste.  I fail to see how a legal and blessed commitment to my same-sex partner in any way denigrates my neighbors’ heterosexual marriage.  If this sacred institution is in such peril, shouldn’t we as a society be encouraging and celebrating those folks who want to make the decision to commit to a partner, and thereby increase the number of stable, loving households?

When my partner, Sean, and I get married next October, we will stand in front of family and friends to declare our love and commitment to each other, and to invite them to share in our happiness.  This will serve as the beginning of our building a life together, and creating our own family.  Just as my brother and his wife did, and just as Sean’s sisters and their husbands did before us.  Simple. 

I did not choose to be gay, any more than my brother “chose” to be heterosexual.  The only choices I have made are to live my life openly and honestly---and to make a commitment to Sean to be with him forever.

Sean ponders this "evil" idea...

What if the gay community started a petition drive in all 50 states that asked for a referendum on the marriages of their governors?  

Question: Should the marriage of Arnold Schwarzeneggar and Maria Shriver be dissolved? Yes or No

We wouldn't discriminate. We wouldn't make exceptions. If they are unmarried, we select the Attorney General. Make it real. Take it home. Force the issue. If our marriages as a group can be on the ballot why not theirs?

Maybe we take the tact of a Washington state activist who tried to put on the ballot a referendum that took the literal comments of the Washington State Supreme Court and advocated that marraiges that did not produce a child in 2 years after the marriage date should be dissolved. Now this is something that wouldn't work, but I think you understand that tactic.

If there isn't a ballot initiative process, find another way to put something on a ballot or in legislation that takes a real person and forces America to look at the whole issue at a microscopic level. Most of the measures wouldn't get on the ballot or pass even. But there has to be a way of truly shocking America in a way that is not violent but really takes the issue home. Is it a stunt? Of course. But a true gay ally could even step up and put their own marriage on the plate.

We must drive home the notion of our marriages being the "same" and not different. Sometimes stretching the idea to the extreme sometimes really shows that idea.

Just an idea to stress a point.