Legal Protection for Same-Sex Couples
Has anyone considered a compromise solution to the issue of legalization of same-sex marriages
As an attorney who has spent years conducting research on the advantages and disadvantages of marriage vs. living together, my viewpoint is a legal one, unobscured by religious or moral questions. Legal recognition of a status for these couples is called for, as is their current need for self-help in making the laws work for them while they are still in flux.
Traditionally and legally, marriage has been defined as a union of a man and woman. Changing that definition is at the heart of the problem. Marriage, throughout history, has had more to do with procreation than romantic love or legal convenience. This legal definition and the issue of procreation have both been used to bolster the denial of the right of same-sex marriage.
What same-sex couples need, and should have, is the ability to form a legal relationship. The semantics used to describe this relationship should not matter as much as the rights and duties arising from it. Denial of these rights is the discrimination same-sex couples decry. We should not forget that only during the last generation was the denial of the right of marriage to members of different races overturned. The law is meant to serve the needs of the members of society - including same-sex couples.
My compromise solution is a law which allows same-sex couples the right to a legal relationship without the hot-button title of “marriage.” With a simple change of terms, these couples could become legal “domestic partners” which confer the same rights and duties of their state’s marriage contract. Similar licensing statutes could be enacted, along with the inevitable relationship dissolution laws.
The marriage contract from any state comes with built-in advantages and disadvantages. Married couples are bestowed with automatic inheritance rights. They enjoy the right to sue for loss of consortium if a third party injures their spouse, denying them services and companionship. Because a married couples has rights, they cannot be denied hospital visitation or the right to make medical decisions for each other. Employers often offer medical coverage and benefits to spouses of employees. Why should same-sex couples be denied these benefits
Couples who live together do have flexibility to create their own rights and duties vis-a-vis each other. A same-sex couple can execute wills, written cohabitation agreements, durable powers of attorney for health care giving a partner the right to hospital visitation and the right to make medical decisions in the event of an emergency and, with careful financial awareness, create many of the advantages of marriage.
The question of medical insurance and benefits should be balanced against the “marriage penalty tax,” which still exists.
The denial of the choice to same-sex couples, however, is the true discrimination. Same-sex couples should have the option of forming a legal relationship under the law, no matter what title it is given.
Arraignment in New York Criminal Courts
The “arraignment” process involves:Being brought before a Judge in the courtroomReceiving the “ criminal complaint” with the crimes charged and the factual basis to each chargeThe District Attorney requesting bail or releasing you on your own recognizance called "ROR"Pleading guilty or not guilty
Anatomy of an International Debt Collection Case
Michael Jackson is one of the most recognized persons on the planet today. Even though he has not had a hit album in over a decade, Michael has continued to find his way into the media one way or another. From his rumoured problems with plastic surgery, to his association with monkeys, everyone has heard about how strange a character Michael has become. Aside from the black community that have continued to support him, despite his so-called skin condition and aversion to direct sunlight, most of the media has made "Jacko" a target of vicious headlines and articles.
Your Yearly Living Trust Review
Some time ago, Congress made certain changes to the estate taxes.As a result of the changes, effective January, 2004, the tax free amount increased to $1,500,000. Back in 1997 it was $600,000. This allows a married couple to leave a minimum of $3,000,000 tax free.
Protect Your Job & Wages
When people call me about employment issues they dont realize one important law- in almost every state you are terminable at will.That means that your employer can fire you anytime and for no reason at all.The only way you are protected from being fired on the spot without notice is if you have a contract of employment.A contract of employment must be in writing and should specify your length of employment, salary, terms of employment, vacation, bonus calculations, the basis of termination and any warnings to be given make it at least 3 warnings if you can prior to termination and must be signed by your employer, among other things.
How the Jury System Should be Reformed
Our current jury system is ailing. It is beginning to fail us. O.J. Simpson being found not guilty is just one example of that problem. People with loads of evidence against them are found not guilty, while others with far less evidence against them are found guilty. Mass murderers are often sentenced to life in prison, while many others who commit just one murder are sentenced to death. People tried separately for the same crime often get much different verdicts and/or much different sentences. I know the Constitution guarantees the accused a right to a jury of his or her peers, but times have changes over the last 200-plus years and we need to make adjustments accordingly. There are two changes I would suggest we make as soon as possible.
What To Do When You Get Into An Accident
Accidents are unexpected occurrences in life. These are traumatic events that nobody wants to encounter. Because of the shock an accident causes, people tend to lose their ability to think correctly resulting to serious injuries, even death, to himself or to another party.
Do You Own Your Web Site Design
Your web site has been up for a few months and you are making money hand over foot.While surfing sites one evening, you are shocked to find a competitor usingyour design.You find out your designer sold them the same design. They must be breaking the law, right It all depends on whether you own the copyright to your web site design.Many site owners are shocked to find out they do not.
Should I Appeal My Social Security Disability Denial
YOU APPLIED FOR SOCIAL SECURITY DISABILITY AND YOUR CLAIM WAS DENIED AND YOU WONDER IF YOU SHOULD APPEAL
Stopping Home Foreclosure
A Foreclosure Prevention Service has numerous ways it can help you deal with the foreclosure process. Under the law, you have a right to remain in the property for a certain period of time. If you can’t pay the full amount owed without creating a hardship for your family you need a legal review of your situation, your rights, and your choices before you agree to anything. Protect yourself and your family.
A College Loan Will Finance Your Education!
A college loan has given people all over the United States a chance to further their education, even if they are not making a lot of money. Education loans can be a big help in paying for college. Youll find these loans offer a low interest rate and a generous repayment period. Of course, student loans must be repaid, usually with interest, although some education loans have provisions for cancellation if the borrower performs a program-related service.If you are looking for a loan, be aware that there are many different types of loans.Try to find the student loan that fits you the best.For example, there is a loan called the Federal Stafford Loan. The Federal Stafford Loan is the most widely used loan in the student education loan program. Federal guidelines limit the maximum interest rate to no more than 8.25% and outline repayment terms of up to 10 years.Remember that if you ever need help or are falling behind on payments, consider a consolidate student loan.
The legal system in America is currently stretched with more personal injury lawsuits than it can comfortably process. Many insurance carriers are taking a stronger stand in the settlement process which increases the length of time to resolution in many cases. The victims of personal injury are being hurt the most by this reality because they are often out of work and have difficult time making ends meet until they receive a settlement or judgment in their case.
The legal fiction of common law marriage
During a radio-talk show appearance, a caller told me about his unfortunate brush with the legal fiction of common-law marriage. He had been living with a woman for several weeks when he came home one evening to find the woman, his TV and assorted other property missing. He called the police, who mistakenly informed him that the woman was his common-law wife and so they couldn’t help him.
How to Start an Online Bankruptcy Forms Processing Service
Due to the dramatic increase in technology, paralegals now have the ability to outsource their skills and earn extra money working from home as a bankruptcy forms processor. Unlike an attorney or notary public, a bankruptcy forms processor does not have jurisdictional limits.In other words, a bankruptcy forms processor could live in Yellow Springs, Ohio and prepare bankruptcy petitions, pleadings, Motions and other court documents for attorneys practicing in California, New York or any other U.S. state.
Government Overregulation of Broadcast Content Could Backfire
Rush is right! The governments stepped up bid to regulate broadcast television content is indeed frightening. Limbaugh made his comments during one of his regular radio broadcasts last year. Those remarks were in response to the FCCs crackdown on broadcast indecency and Congress threats to hand out much larger fines to broadcasters for such violations, in the wake of Janet Jacksons "wardrobe malfunction" at the Super Bowl halftime show last February.
What to Know Before Signing a Home Improvement Contract
It is important to be a very careful consumer when it comes to home improvement contractors. For instance, I had a case where my client, an elderly and blind woman, signed a contract and paid $30,000.00 to a home improvement company that disappeared with all of her money! Unfortunately, the company was a scam operation, my client lost her lifes savings and it will take some time in court before my client may ever see her money again however, her mistake will be a lesson to all of you because this article explains how to protect yourself from home improvement fraud.
Identity Theft Shield
We live in an information-oriented society. Technology allows us to do business and make transactions literally in a matter of seconds. This abundance of information has given rise to a new crime - identity theft. In fact, according to a 2003 release from the Federal Trade Commission, almost 10 million people in the United States may be victimized by identity bandits each year.
Hire Divorce Lawyer or Use Online Divorce Forms
When do you need to hire a family law attorney and when is it okay to just use an online divorce form website to save a little moneyThis article will provide a few pointers to help you decide whether to do it yourself or retain a divorce lawyer.
Personal Injury Lawyer
The history of the Personal Injury Lawyer is littered with interesting facts about the U.S. legal system and contingent fee based practices http://www.glofin.com. While many critics accuse trial lawyers of bringing frivolous lawsuits into the American legal system, nothing is farther from the truth.Personal Injury Lawyers advance their clients services and cash for case costs while funding companies like Global Financial 866-709-1100 advance cash to Plaintiffs against their pending settlements.Personal Injury Lawyers provide a valuable service to the American Justice system by working for a contingent fee which is only payable if there is recovery for their client. If there is no recovery for their client then the Personal Injury Lawyer will receive nothing and therefore these lawyers will only take cases that have merit. There is no advantage to the lawyer accepting a “frivolous lawsuit” because there is a high likelihood of no recovery and therefore no fee to the lawyer.
If you rent a home, protect it by buying Renters Insurance.
Renters insurance is often overlooked by people who are renting their house or apartment.Many people don’t realize that their landlord’s insurance only covers the building that you live, there in no coverage for your personal belongs.Renters insurance usually offers full coverage to protect your belongs from fire, flooding, theft, and many other types of perils.Most renters’ policies are actually very inexpensive, especially when compared with regular homeowners insurance; and it’s easy to get a renters insurance quote.People who rent their homes or apartments may not realize that they may need liability insurance. You could be held responsible for injury to another person if they were injured in your rented residence.Fortunately, most renters insurance will guarantee personal liability coverage.Renters insurance will be able to help protect you in case of a liability lawsuit against you.In addition, if the place you are renting becomes unlivable for any reason, most renters’ insurance policies will allow additional living expenses.This means that your insurance will pay for your hotel room or any other expense you may have if your home become unlivable.
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