[extropy-chat] Gay marriage in Spain, a world of change

[Mike Lorrey]

--- Harvey Newstrom <mail at harveynewstrom.com> wrote:

> 
> On Jul 20, 2005, at 11:08 PM, Mike Lorrey wrote:
> 
> > Quite a number of these things can be contracted, Harvey. You are
> being
> > disengenuous in claiming otherwise.
> 
> Please point them out, Mike.  Many gay couples would seriously be 
> interested.  I know of no way that a gay couple can contract for any
> of 
> these items between themselves.  Even if they did, the contracts are 
> not enforceable.  Third parties can and do deny these benefits on the
> 
> basis that the partners are not legally married.  Any contract
> between 
> the couple is unenforceable and can be disallowed by a third party 
> despite the couple's wishes.  If you know of any way to force any of 
> these items to occur just because the gay couple wants it, please 
> explain how.
> 
> > --- Harvey Newstrom <mail at harveynewstrom.com> wrote:
> >
> >>
> >> On Jul 20, 2005, at 5:07 PM, Mike Lorrey wrote:
> >>
> >>> as I've stated multiple times in the past:
> >>> there is only ONE THING that gays will gain with marriage
> licensing
> >>> that they can't replicate with regular contract law, and that is
> >> the
> >>> heritability of social security benefits.
> >>
> >> And Medicare.
> >> And joint tax returns.

Not if you organize your family finances as a limited partnership.

> >> And not being taxed on benefits employers might give to a partner
> >> (such
> >> that gay workers pay more taxes than a non-gay worker in the same
> >> job at the same pay with the same benefits).

No differently than unmarried het partners or single people.

> >> And adoption of their partner's children.

This happens all the time. The parent needs this specifically written
into their will, with penalties for parents and siblings who interfere.

> >> And coverage on partner's medical insurance.

Again, organize your professional activities as a partnership that is
the contractor of your services.

> >> And buying life insurance for a partner (since most insurance
> >> companies claim there is no insurable interest in the partner).
> >> And buying joint insurance for medical, homes, autos, etc. (since
> >> most insurance companies claim there is no insurable interest in
> >> the partner's property).

Partnership contracts, and get a group insurance policy for your firm.

> >> And citizenship for their partner.

While not automatic, making a foreigner lover your business partner
gives them a leg up in the immigration process.

> >> And making medical decisions for an incapacitated partner.

Living wills take care of this.

> >> And making funeral arrangements for a deceased partner.

Living will, again, takes care of this.

> >> And seeking wrongful death compensation for a killed partner.

If your partner is a business partner, you certainly can seek wrongful
death compensation.

> >> And inheriting their partner's property without a will.

A will is a contract. A contract must exist for it to have force. Not
contracting is the same as not marrying.

> >> And not paying hefty gift taxes when inheriting their partner's
> >> property with a will.
> >> And giving their partner equal ownership in joint property.

Business partnership contract, again.

> >> And taking leave for a sick or deceased partner.

FMLA doesn't allow for this sort of discrimination in most states
already.

> >> And renting cars together at the same price heterosexual married
> >> couples can rent the same car.

Last time I checked, car rental companies were not state agencies.
Also, last time I checked, "gay" wasn't in the 14th amendment. At least
here in the US, you are going to need a constitutional amendment to get
what you are after.

> >> And having partners not forced to testify against one in a court
> >> of law (spousal privilege).

A privilege isn't a right. If you are an atheist and tell a priest you
don't know and aren't a member of his parish that you killed someone,
you are not protected, just as if you tell a pshrink who is not your
mental health provider.

Mike Lorrey
Vice-Chair, 2nd District, Libertarian Party of NH
"Necessity is the plea for every infringement of human freedom.
It is the argument of tyrants; it is the creed of slaves."
                                      -William Pitt (1759-1806) 
Blog: http://intlib.blogspot.com

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