Comments on: Gay Marriage or Straight Domestic Partnerships?

By: Xrlq

Xrlq — Sat, 28 Jun 2008 14:23:09 +0000

Fair enough. My point, though, was not so much about the merits of straights paying the marriage penalty vs. gays avoiding it. Rather, it was that if the same equal protection analysis is applied in reverse to California’s domestic partnership law, some straight couples may have a good reason to avail themselves of it.

By: chris

chris — Fri, 27 Jun 2008 23:53:54 +0000

Xriq,
If I volunteer my husband and I pay the federal marriage penalty, can I have the rest of the rights and responsibilities extended to heterosexual couples? There are a lot of legal (and societal) perks a couple gets in exchange for paying the marriage penalty. One example, if my husband looses his job, I can’t list him as a dependent on my federal taxes, so even though two people are living off of my income, I still get taxed as if its just me. Yes, while we are both working, we will pay a penalty, but I’ll suffer. Additionally, my employer could declare at any moment that they won’t allow me to add my husband to my insurance because that is a right reserved for married couple. Again, while he is employed, no big deal. (By the way, I think of this as if I loose my job as well it just seems easier than saying if “one of us” every time.)
So, while you may resent the marriage penalty, many long term committed same sex couples see the “penalty” as a small price to pay for the additional security in our lives.

Respectfully,
Chris
PS thank you for the intelligent response.

By: Xrlq

Xrlq — Wed, 25 Jun 2008 17:27:09 +0000

When I said no domestic partnership penalty, I was thinking of federal taxes, not state. To the extent California domestic partners pay state income taxes the same way married couples do, domestic partners will indeed pay the marriage penalty under state law. It’s still a better deal than paying the marriage penalty at the federal level, though.

By: Christopher Boltz

Christopher Boltz — Wed, 25 Jun 2008 15:04:49 +0000

My take on the Supreme Court’s opinion was this: It doesn’t matter what name the state uses, it must use the same name for both same gender and opposite gender couples. (As I read the opinion, I thought the justices were goint to strike down marriage in the state.) Because the issues of Domestic Partnership wasn’t before the courts, they could not strike down the relationships specific section of the Domestic Partnership law (which I do believe ought to be open to everyone). That will need to be a separate court case (but should be fairly simple using In Re: Marriage as precedent). As to their being no “Domestic Partnership Penalty” tax-wise — you are wrong. HR Block will not allow people in Domestic Partnerships to use the online version of their software — they must hire a tax professional. Turbo Tax requires you do your taxes twice. Domestic Partners must file CA state taxes as Married (either filing jointly or not), but must file their Federal Taxes as single. Additionally estate and certain property rights work differently between the two.

I think the entire US government (All states, territories and the Feds) ought to change all their marriage laws to “domestic partnerships” and make them between any two legal adults. Let all “marriages” be done by the churches/synagogue/etc — but like baptism, they would have not legal standing. Most people would do both, but some people would do one without the other — and let it be their choice.

Respectfully:
Chris

By: Hugo

Hugo — Tue, 10 Jun 2008 18:12:57 +0000

I am very fond of Best Friends, and have always wanted to go to Utah to check them out.

I’ll stand up for D.E.L.T.A: http://www.deltarescue.tv/deltarescue/index.php

By: Xrlq

Xrlq — Mon, 09 Jun 2008 02:06:22 +0000

Not really the point of my post, but sure, why not. My money’s on Best Friends. Yours?

By: Hugo

Hugo — Sun, 08 Jun 2008 04:22:28 +0000

Name an animal charity you like. If the measure passes and gay marriage is banned, your charity gets $25 from me. If the measure fails, as I predict it narrowly will, you’ll give $25 to the animal charity of my choice. (No worries, no ALF nuts).

Deal?