Tag Archives: pride

Why marriage (for some or all) isn’t enough

Although the Supreme Court’s decision to declare section 3 of the Defense of Marriage Act unconstitutional is a victory for us, it is a partial victory, only. People outside the 12 states and the District of Columbia which currently recognize marriage equality, are still denied the protection that marriage brings.

It’s sad that the five justices who ruled on this didn’t see through to the logical conclusion of one of their statements about the families of same sex couples in their ruling: “The law in question makes it even more difficult for the children to understand the integrity and closeness of their own family and its concord with other families in their community and in their daily lives.”

That statement doesn’t just apply to the children in the 12 states that currently recognize marriage equality. It applies to all of the two million children the census bureau recently said are being raised by gay or lesbian parents in throughout all the states.

Even if the extremely unlikely outcome had happened, if the court had ruled on the more fundamental constitutional question, it wouldn’t mean our fight for equality is over. In 29 states there is no law against firing someone simply because he or she is gay, or because an employer thinks he or she is. Laws don’t prevent someone from being a jerk and finding another excuse to get rid of someone they don’t like, but non-discrimination laws give you options in the most egregious cases. They also encourage employers, large and small, to create policies that reduce the occurrence of the less egregious cases.

When it becomes legally unacceptable to openly fire, refuse to promote, or otherwise materially penalize employees simply because they are gay, it starts becoming socially unacceptable to joke or negatively comment about it. And studies have shown in other areas of discrimination, that just turning down the heat of acceptability of open discrimination starts changing private attitudes. Not for everyone, but enough to make life a bit more bearable on a day-to-day basis.

In 33 states there is no law against firing or otherwise penalizing an employee for being transgender. Heck, it’s nearly impossible for a person who is either undergoing gender reassignment therapy or has completed it to use a restroom without people throwing hissy fits and wailing and gnashing their teeth about some of the strangest and most far-fetched “consequences” of that.

Even when the transgender person is a six-year-old child.

And don’t get me started on the people who don’t understand that it is not just a matter of someone deciding they want to dress in the other gender’s clothes. So-called natural physical gender is nowhere near as well-defined and clearcut in some cases as most people think.

While 49 states have some form of anti-bullying laws on the books, seven of those states either explicitly exclude harassment due to sexual orientation and gender identity from the definition of bullying, or severely restrict what schools and school employees can do when the bullying occurs in those areas. Another fifteen states don’t specifically exclude harassment because of sexual orientation, but leave the wording vague enough as to make it unenforceable. And then the extent to which gender identity is or isn’t included varies so widely, I get confused whenever I try to read all the charts about it at places such as Bully Police USA or the Trevor Project.

When the elder George Bush was President, the Surgeon General’s office determined that teen suicides could be reduced by two-thirds if we initiated prevention programs targeted toward GLBT youth that attempted to reduce the stigma and fear of rejection. Many other studies conducted by organizations ranging from the federal department of Health and Human Services, to the association of State Attorneys General have reached similar conclusions.

Even in states considered very liberal, with anti-discrimination laws and the whole works, gay and lesbian employees consistently make less money then their straight colleagues with similar education, experience, and job performance evaluations.

So, even if we had received marriage nationwide, there’s still a journey ahead before we’ll be at full equality.

Why marriage matters

Bill was a medical laboratory technician. Scott was an architect.

Bill said he was walking with friends one night on their way to have drinks when he saw a really sexy guy on a motorcycle waiting for the light to change. A bit later they saw the motorcycle parked in front of a bar. It wasn’t the one they were heading toward, but Bill wanted to meet the guy on the ‘cycle, so he convinced his friends to go in. Bill found Scott inside, tried to strike up a conversation. Scott didn’t seem interested, but wasn’t completely unfriendly, either. Eventually another guy that Scott had been waiting for arrived, and it seemed obvious that they were together. Bill’s friends didn’t want to stick around, so he and his friends went to the place they had originally been headed to.

Hours later, Bill was still with the friends at the other bar when suddenly a voice asked if he could buy Bill a drink.

Scott had heard Bill’s friends say where they were going, and once he had concluded some unfinished business with his ex, had come looking for him.

Less than a year later they were living together. They bought a house together. Scott’s family all lived in or near the city, and over time came to accept Bill into the family. Years later, Bill’s still got teary-eyed telling about the first time Scott’s brother’s daughter called him Uncle Bill. “This was the 70s,” he explained. “It was far more common for families to refuse to even meet your brother’s gay lover.”

The house they’d bought was something of a fixer-upper. They worked on it together for years. Even with Scott’s connections in the real estate industry, they hadn’t been able to get a bank to give them a mortgage in both their names. Scott had insisted, then, on drawing up a contract so that the money Bill put into a special account they had set up for house expenses would be recorded as equity in the house. Scott had also insisted on drawing up wills. “He didn’t like to leave things to chance,” Bill told me.

One day at work, Bill got a phone call from one of Scott’s co-workers. Scott had been in some kind of highway accident. Bill hurried to the emergency room. Arriving at about the same time as Scott’s mother.

It was too late. Scott had been pronounced dead on arrival.

Over the next few days, Bill was busy with funeral arrangements. It was all a bit of a blur, of course. All those tedious details seem unimportant in the face of the enormous sense of loss.

“I should have known something was up from the way Scott’s father and brother were acting,” Bill said. “I didn’t really notice until the wake, when I noticed they were both absent.”

When Bill arrived home after the funeral and wake, he found the father and brother along with a lawyer. They had a court order, barring Bill from removing any property from the house until an inventory had been completed by a court appointed agent. Scott’s father was contesting the will, on the grounds that Bill had coerced him into signing it.

Bill couldn’t afford to put up much of a legal fight. The will was thrown out, though the equity contract was not. I don’t know all the the legal details, but the upshot was that Bill had to move out, and was only allowed to take items that he could prove he had paid for himself. The family did have to pay him the equity, thanks to one of the precautions that Scott had set up, but they seized nearly every piece of furniture and nearly every personal item in the house.

Bill wasn’t allowed to take even any book, photograph, or paper that he could not show was his personal property. Because the mortgage was in Scott’s name, the presumption was that the house and all property within was Scott’s. Bill, as far as the law was concerned, was just a roommate. “At one point,” Bill said, “I thought I was going to have to produce receipts for my own underwear. As it was, more than half of my own family photos went to them, because I got tired of arguing over every page in every photo album.”

As part of the equity settlement, he was also forced to sign an agreement he would never try to contact any of Scott’s family members again. Even though at that point Bill really needed the money, he balked at that, until Scott’s brother informed him that if he didn’t, the brother was going to say to the police that he overheard Bill making lewd comments to one of the nepews. It was a lie, but as the brother said, “Who do you think they’ll believe?”

Some time after the last legal document had been filed, Bill received an unmarked envelope in the mail. Inside were some polaroid photographs. Someone had piled all of Scott’s sketchbooks from his years of art classes and beyond, made a bonfire, the took pictures of the fire. “Of course they took all his sketchbooks, and of course they burned them. Half of Scott’s sketches were of men.”

Even when there is a will that specifically names one’s unmarried partner, the law stil considers said partner a stranger, for legal purposes. Blood relatives can contest wills on all sorts of grounds, and any non-relative has a disadvantage in regards to burden of proof.

Marriage, as opposed to civil unions or any other arrangement, changes that. In both formal law and common law principles, a spouse is not just counted as a blood relative, but is automatically the nearest relative. If other family members contest a will, it is considered an intra-familial dispute, and the burden of proof switches.

Yes, Scott died in the early 80s. This may lead you to think that in our more enlightened times this sort of thing can’t happen.

You’d be wrong. There’s the case of the two young men who had been together for several years, until one died in an accident just last year. His family were able to legally prevent his surviving partner from even getting a look at the full police report about how the young man died. The surviving partner was told not to try to attend the funeral, or else.

Or two older men, both retired, had been living together for decades. They’d had a ceremony together years ago and exchanged rings, but their state doesn’t even recognize civil unions. One of the men, as his health has deteriorated with age, began to exhibit dementia. His sister had herself appointed guardian and kicked the other partner out. When the story broke just a few months ago, the partner who had been kicked out had had to sell his wedding ring to get enough money to travel to relatives of his own who would let him live with them.

There will always be people who disapprove of the people their grown children or siblings choose to share their life with. But if the law recognizes our marriages the same as it does any heterosexual couple’s, there are thousands of legal protections and safeguards available to protect us and the ones we love from such people.

Marriage is how we say, both socially, culturally, and legally, “this person is family.”

It’s a right that every adult should be able to exercise.

Why I love him

I love Michael because:

  • His first reaction when he hears someone is having a problem is, “How can I help?”
  • He loves to re-read his favorite books again and again.
  • He reads an astounding number of new books every year.
  • He will spend hours letting me babble about a book, a TV show, or a movie that he isn’t really interested in without complaining.
  • His smile always makes me feel happy, no matter how bad a day/week/month/year I’m having.
  • When I’m ranting and raging about something that isn’t working, or that I’ve broken, or that’s just really bothering me, he says, “Okay, honey” without any sarcasm or flippancy in his voice at all.
  • He can fix unfixable equipment.
  • He’s got the prettiest eyes.
  • He acts as if my extremely nerdy mathematics rants are interesting and important.
  • He tells me when I’ve screwed up, but always in private.
  • He doesn’t say, “I told you so” even though he has the right to dozens of times every week.
  • He kisses really well.
  • He can always find things I lose, often right away.
  • He just laughs when I point at something he can’t find that’s right in front of him.
  • He makes the most yummy chicken soup from scratch on the entire planet.
  • He finds ways to anonymously help people.
  • He doesn’t complain about my weird music.
  • When I’m going overboard with the Christmas music, which he can’t stand, he either puts on his own earphones without saying anything, or asks if I can skip to another song.
  • Even though he absolutely hates tomatoes, he helps me grow my own.
  • He has great legs.
  • He has, on way more than one occasion, when learning that someone is limping along on a dying computer, assembled a better system, installed software (sometimes going to interesting lengths to find out what sorts of software the person uses without telling why), tested everything several times, then shipped it off to the person as a surprise.
  • He looks good in a worn work shirt and heavy duty Carhartts.
  • He rocks a Victorian frock coat and top hat.
  • He’s comfortable with us both quietly working on our projects at home all night.
  • He can chop vegetables faster than the human eye can follow.
  • He laughs at my lame jokes.
  • He finds humor in nearly every situation.
  • He believes in people.
  • Even me when I am convinced I don’t deserve it.
  • When I asked, “Will you marry me?” he grinned brighter than the sun and said, “Yes.”