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Family Law

Legal issues surrounding gay marriage

What follows is a that letter I wrote to Governor Schwarzenegger back in 2005 when the Marriage Protection Act was being voted on. Recently, the California Supreme Court decided that Gay Marriage, is, in fact, constitutional. I would have written something new, but in the rereading stage, nothing need be changed.

Gov. Schwarzenegger:

I am a supporter of gay marriage, and this comes from a straight relationship. On February 14th of 2003, while Mayor Gavin Newsome began issuing marriage licenses for same-sex couples, I was in a relationship of my own, and I was in love. That's a hard word for me to say, and I'd finally felt it. The thought that I could live in a world where I wouldn't be able to take the next step and devote my life to her was something I couldn't bear. And so, when watching these couples fight for the simple, legal, right to do just that, I was happy for them, cheering them on.

I've heard a lot of people complicate this issue - the talk about benefits that are afforded married couples, marriage as religious only, and so forth - but for me it's very simple. A legal marriage is more than just certain benefits and policies which may be afforded to "domestic partners", but rather, it is a legal recognition of that love and devotion. A Domestic Partner is not the same thing as family, and that's all these couples want to do - be a family. Recognition as a family. That's all they ask. That's all they want. What is so wrong with that?

There are those that say that supporting gay marriage is opening up a moral issue that few want to touch. This is not a moral issue. This is a legal issue. Despite claims otherwise, in this country, marriage is and always has been legal first, religious second. This is opening up the moral issue of love. Right now, if I were in a same-sex relationship and wanted to start a business with my "domestic partner", we'd have to spend extra expense to be a legal partnership. Married straight couples are one entity. If I were deathly ill, and only close family was allowed, my domestic partner would not be able to see me. If I died, my domestic partner would have no rights to my assets, or life insurance policies (unless specifically stated). If my domestic partner and I had difficulties and had to split up, there is no legal protection as to how to split up what a couple gains over the years.

Imagine that world. Imagine not being able to see your lover in a hospital, not being able to have support, not being able to legally share assets.

Now imagine she's your wife.

Learn more about this author, John Osborne.
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