California took a step in the right direction today. In spite of homophobic ranting by a few, this bill is not sanctioning gay marriage but defining the rights and responsibilities of same-sex and heterosexual elderly couples. While the media emphasis is on gay couples, elderly couples often do not remarry in order to preserve their pension and healthcare benefits. People have the right to self-determination about with whom they live and civil law should not exclude them as a class because society doesn't agree or approve approve of their choices.
Lawmakers OK Domestic Partner Bill
Bill Would Grant Partners Many Rights Of Married Couples
Scheduled to take effect on Jan. 1, 2005, the bill, would give domestic partners the ability to ask for child support and alimony, the right to health coverage under a partner's plan and the ability to make funeral arrangements for a partner.
Other provisions would give domestic partners access to family student housing, bereavement and family care leave and exemptions from estate and gift taxes, and in the event of a partner's death, the authority to consent to an autopsy, donate organs and to make funeral arrangements.
It also would prevent courts from forcing a domestic partner to testify against the other partner in a trial, and it would give domestic partners the ability to apply for absentee ballots on a partner's behalf.
The bill, by Assemblywoman Jackie Goldberg, D-Los Angeles, would place greater legal responsibilities on domestic partners as well. They would be responsible for their partner's debts, would have their income factored into their partner's eligibility for public assistance benefits, and would be required to disclose their relationships to avoid nepotism and conflicts of interest.
I see no reason why established domestic partners should not have the right to arrange a funeral, or take sole possession of community property. This is not about marriage, but treating people as equal under the civil statues governing the minutae of people's lives. It is not unusual for gay or elderly partners to have the heartbreak of the death of a loved one compounded by angry parents or selfish children excluding them from agreed upon health care decisions, funerals and/or being evicted from their home.
That's just wrong.
Posted by feste at September 4, 2003 11:14 AM | TrackBack