Supports and Obligations of Civil Marriage
Why do gays want to be married anyway?

SOURCE: Out in the Mountains
September 1997

Many people have been asking: "why do you gays and lesbians want to be married? You already have laws that protect your rights, don't you?" Ask around and see if you can find anyone who is gay or lesbian and is in a same-sex relationship if they have these rights that married people take for granted:

  • Medical Treatment and Hospital Visitation: Doctors generally defer to a patient's spouse regarding medical treatment, and the spouse is allowed to visit a patient in preference to all others.
  • Inheritance: The law provides certain automatic inheritance rights to a person's spouse.
  • Deceased Bodies: A spouse is generally entitled to deal with the deceased body and funeral arrangements.
  • Legal Commitment to Remain Married: Married couples need the state's permission to end their marriage, and divorce laws allow courts to require people to support their spouses after a divorce.
  • Social Security, Veteran's Benefits & Other Government Benefits: Many married people are entitled to financial benefits relating to their spouses, such as disability and social security.
  • Health Insurance: Most group health plans provide for coverage of a member's spouse.
  • Bereavement Leave: Many employers provide employees paid or unpaid leave for the death of a spouse.
  • Tax Benefits: Such as joint income tax filing and inheritance from one's spouse free from certain estate taxes.
  • Tax Burden: Many married people pay higher income taxes as a result of being married.
  • Family Medical Leave: Many employers must give employees unpaid leave to care for an ill spouse.
  • Tenancy by the Entirety: Jointly held property may not be attached for the individual debts of either spouse.
  • Pensions: Many pension plans provide protection for the surviving spouse of a pension holder.
Civil marriage is not a religious ceremony, it is a legal contract between two people that is recognized by the state. Gays and lesbians should not be denied equal rights simply because they are a sexual minority. Churches who have one "moral" reason or another should not have a say in these civil affairs where every citizen in this country, at least in theory, is presumed to be equal.

© 1996-2008 Affirmation: Gay and Lesbian Mormons
www.affirmation.org