Tuesday, March 30, 2004
Proposed Massachusetts Civil Union Amendment
Here is the text of the proposed amendment to the Massachusetts Constitution, with regard to same-sex marriage and civil unions, from the Massachusetts Lesbian & Gay Bar Association site:
Personally I'm in a different-sex one-wage-earner marriage, so it's to my advantage to be recognized as married by the IRS, but suppose there were a different-sex DINK couple in Massachusetts, who decided that the state benefits of marriage were a benefit to them (inheritance, hospital visits, whatever the list is) but that the federal benefits were a net loss to them. Would they be eligible for a civil union? Governor Romney wants the SJC to stay the implementation of their Goodridge ruling until the 2005 ConCon and statewide election. How come he didn't urge implementation of civil unions in the interim? Will a man be allowed to civil union his brother? Given the strict reading the SJC recently gave to the incest statue which references the statute prohibiting a man from marrying his sister, I'd suspect that he would be allowed to civil union his brother.Amended Travaligni/Finneran/Lees "Compromise" Amendment Text:
"The unified purpose of this Article is both to define the institution of civil marriage and to establish civil unions to provide same-sex persons with entirely the same benefits, protections, rights, privileges and obligations as are afforded to married persons, while recognizing that under present federal law same-sex persons in civil unions will be denied federal benefits available to married persons. "It being the public policy of this commonwealth to protect the unique relationship of marriage, only the union of one man and one woman shall be valid or recognized as a marriage in the commonwealth. Two persons of the same sex shall have the right to form a civil union if they otherwise meet the requirements set forth by law for marriage. Civil unions for same sex persons are established by this Article and shall provide entirely the same benefits, protections, rights, privileges and obligations that are afforded to persons married under the law of the commonwealth. All laws applicable to marriage shall also apply to civil unions. "This Article is self-executing, but the general court may enact laws not inconsistent with anything herein contained to carry out the purpose of this Article."
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