Tuesday, August 24, 2010

I am looking for some answers on gay marriage, please?

I would like to know the laws pertaining to gay marriage in the states it is permitted in. Are insurance companies, hospitals, etc, required to recognize the marriage? Do other states have to recognize the marriage?





Thanks.I am looking for some answers on gay marriage, please?
Equal protection will one day soon make gay marriage legal in all 50 states. The fundies can fight it if they want, but they will fail.I am looking for some answers on gay marriage, please?
The benefits given by the states the allow same sex marriage vary. The only other states that will recognize it are other same sex marriage states, and they dont have to. Your marriage wont be recognized internationally either.





Hospitals will let you in the room if the patient says you are family. When it comes to medical decisions, you have to have a signed poa, the marriage isnt enough. Hospitals have to recognize the poa, but a blood family memeber CAN challenge it in court and the courts favor the legal next of kin, and by federal law a same sex spouse is NEVER the legal next of kin.





I dont live in a same sex marriage state, so I dont have the specifics on the others, and it varies as differnet states offer different marrital benefits.
Yes it is a legal marriage so those business that have a lic to do business in MA are required to honor the marriage.





Right now other states are in violation by not recognizing the marriage as it is required by the US Constitution full faith+credit clause which is why other states must accept 2 16 yr old kids that got married in bum funk nowhere as a married couple even though they are kids and the idea that they are married is retarded
Just read an article in yesterday's paper about it...





New York is the only state that does not allow gay marriage that will still recognize it as a marriage. Civil Union states have the conditions for HIPAA, benefits %26amp; beneficiaries, and legal conditions of relationships met (as do the four marriage states).





Hope that helps.
shaz answered the first correctly, they would have to be treated the same.





As for the second, though the constitution may say it, because of DOMA (the Defense of Marriage Act passed during the Clinton administration - stupidest thing he did IMO), other states do NOT have to recognize the marriage as valid. The only state that i know that does recognize the marriages is New York (beyond, of course, the other states that have it legalized now)
1. Presumably yes.





2. Depends on outcome of future litigation. Comity and Full Faith and Credit Clause are complicated litigation issues yet to be ultimately resolved. Precedent in our jurisprudence will involve case law where how to treat foreign slaves and interracial marriage from one jurisdiction to another has already played out. Typically you start with a prima facie showing that full faith and credit should be recognized and then introduce public policy arguments to contest comity.
There's still a lot of gray area when it comes to the rights of a gay couple that gets married.





As more cases are brought against hospitals/insurance companies/etc. for not recognizing their rights, there will be more legal precedent.
I am pretty confident that the insurance companies etc. need to honor gay marriage. I believe some of the honor also domestic partnerships.





It s within your own conscious to sign on the line where they ask a spouse to sign

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