The question of same sex marriage is on some levels a very easy question. Two people want to get married. So why shouldn’t they be allowed to? On other levels, not so easily is it answered. I would like to examine a few areas where the answers to this question may not be so simple.
To start with, I know that many people consider marriage to be more than a social occasion. To many it’s a spiritual one as well and the spiritual aspect is deeper and more meaningful than the social one. For these people, should same sex marriage become legal, it is not in the best interest of the State to interfere with their religious convictions or articles of faith. In no way should a person be required to perform a marriage ceremony when it contradicts his or her beliefs.
I’m not going to get into the middle of the fray of asking, “What next? Can a man marry his dog? After all a dog is a man’s best friend and my heterosexual friends say that they each married their best friends!” argument. Frankly, that’s just silly and there are laws against zoophilia and bestiality, even if they are not enforced. Besides, how do you know that the dog would even consent to the marriage? It can’t even sign its name on the marriage certificate and it might like being single with no commitments.
That having been said, I wish to return to the same sex within the same species marriage question. Just as the State has no compelling interest to force a rabbi to perform a wedding between a Hindu and a Buddhist, or require a Roman Catholic priest to marry a Muslim and a Jew (although I think that would be an awesome situation), so, too, the State should have no interest, nor should there be any repercussions to the minister or the sponsoring organization if the minister should refuse to marry any couple. Ministers are free today to reject a request to marry a heterosexual couple. The same consideration must be granted in the question of same sex marriages.
So, since the State cannot dictate religious scruples or require acts that do not conform to religious practices what are the State’s interests in same sex marriage? Why should the State wish to get involved in a topic that is so divisive and seems to create more problems than it solves? I’ll take a stab at this one question and leave the others for the reader to ponder. The reason the State would get involved is because politicians, like computer programmers, are paid to create problems that only they can solve and the “solution” that they develop usually only causes more problems, thus perpetuating the cycle. By not taking a decisive step on a topic that divides the country, they foster so much infighting that many people are distracted from the real problems that our nation faces and they get a free pass to do what they want (or nothing) for those problems.
Here are my top areas and questions that must be considered.
It’s a legal contract. Besides being able to have a sexual relationship with no fear of police intervention (sodomy is technically a crime in many places), marriage is a legal contract between the parties. The legal contract is there to protect the traditional stay at home mom from a husband who just wants to trade her in for a newer model. Any skills she had before the marriage are now probably outdated in the open market should the marriage dissolve. Dumping her would put her into a financial bind and she is worthy of the alimony due her if he decides to split. Similarly, if there are children, the legal contract protects them and would force both parents to support them until they were old enough to take care of themselves.
Having a same sex couple marrying each other would have implications if there is a stay at home partner or if one makes significantly more than the other. Should a break up occur (and I believe that divorce is too easy regardless of the sexual orientation of the people involved), one of the partners may be entitled to alimony either until that partner remarries or for some definite period of time. Questions about child custody will have to be worked out as well just as with other couples. Could the one partner adopt the other partner’s children? How will children be cared for if the marriage is dissolved? Property settlements would have to be negotiated similarly to heterosexual breakups. Some lawyer will make a fortune helping to negotiate who keeps the Streisand albums. That much I can guarantee.
How will the people be named? Will they both keep their last names? Could one take the last name of the other? Can systems handle a “maiden” name for a man? Would they hyphenate their names and one becomes “Smith-Jones” and the other “Jones-Smith”? Legally I suppose they could any of the above today (except for the “maiden” name piece) but the twists and turns get very interesting.
There are spousal benefits. If a couple is legally married, the company for whom one of the partners works may be required to provide benefits to the other partner, regardless of the company’s moral standing on the subject of same sex marriage. The biggest impact here will probably be to health care. One unfortunate outcome of this might be to change the company policy and pass the entire cost of partner health care to the employee asking for that spousal benefit, whether it’s a heterosexual or homosexual couple. At first blush this seems to be a fair thing to do (you can’t discriminate, you know) except that many companies are self insured. This means that they actually pay the health bills out of their pocket. The health insurance company is simply there to administer the plan. ObamaCare may take care of that by eliminating self insured health plans and force all companies to buy health care from the government. Until then, companies themselves will have to work out how to pay.
I bring this up because the same sex couple may be two women who both want to have babies. Health spending is usually based on a statistical amount of babies and new mother care assuming that only one of the couple may become pregnant. The numbers may be thrown off with serious consequences to the company if both the employee and her spouse can both become pregnant, need prenatal care, delivery and post natal care. Family and Medical Leave time may also become a burden to the company with a lesbian couple where both get pregnant at different times and the one takes time off for both births. I foresee a lot of big changes to company health care policies as a result of allowing same sex marriage. Perhaps the government supports this as it may generate pressure for the government to take over health care. This might be part of the ObamaCare plan all along. Of course company-paid abortions should decline with same sex marriages as neither the employee nor the partner should ever have an unwanted pregnancy.
Health care is not the only spousal benefit. There are life insurance policies, Family and Medical Leave time off should the worker’s partner become ill or disabled, and personal time off to care for a sick partner’s child. All of these are impacts to the company’s bottom line for an action which they may not support.
Outside of the impacts to the corporate world, spousal benefits would mean that the partner’s “spouse” would have the final say on medical decisions should the one become incapable of making those decisions. There would be immediate power of attorney rights afforded to married couples and questions of inheritance would not be dictated in states where a spouse can leave everything to the other spouse and leave direct family members out of the will. In some situations only legitimate family members are allowed to visit terminally ill patients; this would allow the partner to visit during the last moments of life. Medical directives and general Power of Attorney documents can handle much of this today but same sex wills can be easily contested in some places and often patient requests are ignored.
In addition, same sex married couples would be eligible for consideration for Green Card status and could become citizens using the same legal paths as heterosexual married couples when one is a foreign national. The immigration service would have to give these couples the same scrutiny as any other and determine if these marriages were purely “of convenience” to get someone into the country or if they are legitimate. I don’t know the criteria they use now but it would most likely have to change to accommodate these new situations. Today simply marrying someone from another country does not automatically get that person into the US. This policy should not change simply because of the sex of the partner. In addition, if a person is ineligible for a US visa on his or her own, I don’t think same sex marriage will make that person any more eligible. It might grant them a longer visa but they will still need to meet eligibility requirements.
There are retirement benefit implications. The federal tax law and many state tax laws provide that if a marriage is dissolved after being intact for ten years or more, each spouse has a claim to a portion of the other spouse’s retirement benefits. That includes Social Security, military retirement and corporate pension payments. Many retirement plans also have an optional “surviving spouse” provision where reduced payments continue throughout the life of the remaining partner. Annuity and other life insurance instruments also have these provisions as riders to the policies. A great actuarial recalculation will be needed to accommodate same sex marriages. I don’t know if statistics even exist yet to cover all of the male/male and female/female choices and possibilities. Should the rider costs differ between same and different sex couples, what would happen if the orientation of the marriage changes by a divorce from one sex and a marriage to another? If an insurance company guesses wrong here before the numbers start coming in, look for more bailouts needed in the financial industry to cover the miscalculated mortality rates.
There are tax implications. Same sex marriage will allow more couples to claim the marriage benefit afforded in the tax code by filing a joint return or by filing as married but filing separately. What will be the impact to the income tax brackets and percentages that the others will pay? Will same sex couples truly pay their “fair share”?
So, what are the benefits? I suppose there are many benefits to same sex couples that go well beyond simply sticking it to the heterosexual community. Even with my cursory analysis I see several:
- More options such as joint filing status on income taxes to lower tax liabilities
- Right of survivor for life insurance, financial and inheritance purposes
- Spousal power of attorney and medical directive decision making
- Company-provided health care for the partner
- Green Card or other spousal visa status and residency provisions
- Alimony and child support in case of a dissolution of the marriage
What are the objections? Religious and faith implications not withstanding, I can’t list them all but a few that immediately come to mind that fall outside of the morality arena. They all center around the idea that many may enter into a marriage not for the reasons that marriage was originally founded (spend a life together and possibly raise a family) but purely for selfish financial gain. However, this marriage sham happens even in the heterosexual world. There are numerous “marriages for convenience” where a person with a good name marries a person with a good bank account. Hollywood stars marry as a PR move. Often heterosexual marriages happen just to let a girlfriend’s maternity coverage or a friend’s health care be paid for by someone else’s employer. It’s going to happen regardless of the sexual orientation of the couples. How much will it happen? I don’t know but it must be taken into consideration.
Therefore, I think that the fear is that when there is little or no chance of having children (unless they adopt) that the temptation to defraud the various systems and institutions will be increased. This is a real concern and must be addressed. “Adultery” that involves a same sex couple should be seen as seriously as within a heterosexual one. Perhaps promiscuity could and should negate the guarantee of benefits or other provisions, regardless of the couple’s orientation. I don’t know. I’m not paid to know (at least not right now; I’ve not yet put a PayPal “Donate” button on my blog page.) You can legislate morality; every law does it. You just can’t dictate behavior; you either reward it, punish it, or ignore it. However, even if you can’t dictate behavior, you can mitigate the negative effects of that behavior on individuals and society in general.
Conclusion. All of these questions and issues, and more, need to be addressed. I know I only scratched the surface of the tip of the iceberg here. I don’t think there is a good, “one size fits all” answer for many of these questions posed here. I know there are other objections such as know to know if the marriage is for legitimate purposes and not just to unfairly gain benefits for a friend. There are news stories and movies that cover all of this and it must be addressed if same sex marriage is codified into law. Each law carries with it the loopholes that can encourage some into a conspiracy to commit fraud. The State must always balance freedom and responsibility when making legal decisions and every decision must be made for the overall good of the society over which it governs. None of this should be taken lightly. What message are we giving our children? What are we saying about us as a society?
The discussion of same sex marriage is often more emotional than logical. Let’s start working some logic into this and look at some of the intended and unintended consequences. “Because if they can do it, I want to do it, too!” is not a reasonable argument. The potential impacts to the nation’s economy, political structure and moral fabric are huge. Let’s not run the deficit up even more through bad planning. Let’s also not run headlong into a morass without a good moral compass.












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