Cinchntouch, I expect a wedding invite!

[lady_kishiria]

The California Supreme Court just gave the green light to same-sex marriages in this state:

http://www.msnbc.msn.com/id/24649689/

(Caveat: I do not believe in government overseeing marriages. Nonetheless, since the possibility of government pulling out of the marriage business seems highly unlikely, wrap this one up, I'll take it.)

Sometimes I'm asked why I am for same sex marriage in a state that has domestic partnerships. My answer is that if you have a MARRIAGE you know what to expect. Domestic partnerships are not the same thing as civil unions are not the same thing as marriage. If you are married you know you have to go to divorce court when the marriage ends. If you're in a domestic partnership you do as well, but it's not obvious from the name.

Comments

[kishiriadgr.livejournal.com]

But that's still too much government in the relationship. americanstd and I feel that this sort of partnership should be an extension of contract law, not family law. Were I not in the military, we would incorporate our family, then divorce and continue to live as we have for the past 10 years. We know one couple who are in the process of drawing up just such a contract.

[soldiergrrrl.livejournal.com]

What about kids, though? I mean, if a corporate entity decided to dissolve, what part of contract law would deal with kids?

I know next to nothing about law, but I thought a lot of the family law stuff was to deal with minors?

[buddykat.livejournal.com]

There's also a significant impact on pensions - private as well as military/government. Pension law currently requires a spouse to consent to give up their rights to their portion of the pension, and if the plan participant dies before commencing their benefit, the spouse is entitled to a benefit (similar to Social Security). Since the pension laws are federal though, even with states approving same-sex marriages, couples are still screwed.

[soldiergrrrl.livejournal.com]

So, how would contract law deal with that?

I'm just wondering how much law would have to be re-written to deal with incorporation rather than family law?

[buddykat.livejournal.com]

Unfortunately, the way the pension laws are written, if you're not married, your partner will most likely get screwed. IANAL, but AFAIK, there's no way that contract law *could* deal with ERISA (Employee Retirement Income Security Act) and PPA (Pension Protection Act) regulations to get around the marriage requirement.

[soldiergrrrl.livejournal.com]

So, how would contract law deal with that?

I'm just wondering how much law would have to be re-written to deal with incorporation rather than family law? Oy, my head hurts.

[napoleonofnerds.livejournal.com]

If there were no more marriages tomorrow many companies would have to switch to a system where you can name a beneficiary rather than the present system of automatic benefits for spouses.