What does marriage equality really mean?

I am a Realtor and I have always wanted what is best for my clients. I have helped many same sex couples purchase a home but always knew that they did not have the same rights as my wife and I did. From taxes, to children, to owning property. Today was a very important day for those past clients of mine. Today they are my equal. I have always seen them as my equal but in the eyes of the law they were not. They did not have the same entitlements and options that are granted to my wife and me.
So what does marriage equality mean really? Its not simply a right to be married. It’s a right to be recognized equally and given the same benefits and options that we have and take for granted everyday which are listed below.
As I said, I’m a Realtor and so I will start with Property because that is my area of expertise but it is all connected. And denying anyone these rights, benefits and entitlements is what marriage equality is about (including divorce).

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Property: The ultimate right of a married couple is Community Property with Right of Survivorship. While there are other ways to hold title such as joint tenancy, tenants in common, partnership in common, etc. None offer the benefits of the above in death. When title is held in Community Property with right of survivorship upon the death of a spouse, his/her interest passes to the surviving spouse, without administration, subject to the same procedures as property held in joint tenancy. Now it may appear that joint tenancy and community property are the same but it’s not because in joint tenancy the property cannot be disposed of in will and also the filing status on taxes which leads to the following.

Taxes: Unmarried couples cannot file joint tax returns and are excluded from tax benefits and claims specific to marriage. In addition, they are denied the right to transfer property to one another and pool the family’s resources without adverse tax consequences.

Family leave: Unmarried couples are often not covered by laws and policies that permit people to take medical leave to care for a sick spouse or for the kids.

Parenting: Unmarried couples are denied the automatic right to joint parenting, joint adoption, joint foster care, and visitation for non-biological parents. In addition, the children of unmarried couples are denied the guarantee of child support and an automatic legal relationship to both parents, and are sometimes sent a wrongheaded but real negative message about their own status and family. There was a case recently were they judge was going to take the child away from the parents if the couple did not separate and one move to another state. Why? Because their rights of marriage and family are not equally protected or recognized.

Health: Unlike spouses, unmarried partners are usually not considered next of kin for the purposes of hospital visitation and emergency medical decisions. In addition, they can’t cover their families on their health plans without paying taxes on the coverage, nor are they eligible for Medicare and Medicaid coverage.

Divorce: Unmarried couples do not have access to the courts, structure, or guidelines in times of break-up, including rules for how to handle shared property, child support, and alimony, or protecting the weaker party and kids.

Death: If a couple is not married and one partner dies, the other partner is not entitled to bereavement leave from work, to file wrongful death claims, to draw the Social Security of the deceased partner, or to automatically inherit a shared home, assets, or personal items in the absence of a will.

Immigration: U.S. residency and family unification are not available to an unmarried partner from another country.

Inheritance: Unmarried surviving partners do not automatically inherit property should their loved one die without a will, nor do they get legal protection for inheritance rights such as elective share or bypassing the hassles and expenses of probate court.

Insurance: Unmarried partners can’t always sign up for joint home and auto insurance. In addition, many employers don’t cover domestic partners or their biological or non-biological children in their health insurance plans.

Portability: Unlike marriages, which are honored in all states and countries, domestic partnerships and other alternative mechanisms only exist in a few states and countries, are not given any legal acknowledgment in most, and leave families without the clarity and security of knowing what their legal status and rights will be.

Privilege: Unmarried couples are not protected against having to testify against each other in judicial proceedings, and are also usually denied the coverage in crime victims counseling and protection programs afforded married couples.

Retirement: In addition to being denied access to shared or spousal benefits through Social Security as well as coverage under Medicare and other programs, unmarried couples are denied withdrawal rights and protective tax treatment given to spouses with regard to IRA’s and other retirement plans.

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So as you can see it’s not just about the right to marry it is a lot deeper than that. It’s the rights that are given to all of us and a right to share all what they accomplish and build in their life together.