THE FACTS
Marriage bestows a host of benefits – and responsibilities – to couples who choose to marry. The following is a short, illustrative list of some of the more than 1,000 benefits and responsibilities that married couples enjoy automatically, yet are denied to same-sex couples that cannot wed.
- Automatic inheritance, even without a will
- Responsibility for each partner’s debt
- Ability to put partner and partner’s children on medical or life insurance
- Hospital visitation rights
- Ability to make partner a U.S. citizen and prevent deportation
- Right to take leave to care for a sick partner
- Ability to make medical decisions in an emergency
- Privilege from testifying against partner in court
- Ability to file joint tax returns and use tax benefits for married couples
- Exemption from gift and estate transfer taxes
- Right to joint parenting, adoption, foster care, and visitation of children
- Right to recognition in all states
- Right to file wrongful death claims for a partner’s death
- Right to a divorce, court division of property, and visitation of children in times of breakup
SITUATION ON THE FEDERAL LEVEL
Although marriages are generally licensed by states, the rights and responsibilities of marriage are bestowed by state and federal governments. However, even if a state recognizes marriage rights for same-sex couples, under the current law, the federal government is not obligated to recognize the union for federal benefits.
The Defense of Marriage Act (DOMA), enacted in 1996, states that only heterosexual marriages will be recognized by the federal government. Thus, even in states where gay couples can wed, the spouses cannot utilize federal tax benefits, Social Security survivor benefits, or Family Medical Leave protections. In September 2009, more than 90 U.S. representatives introduced the Respect for Marriage Act (HR 3567), which would repeal DOMA and require states to recognize out-of-state marriages.
SITUATION ON THE STATE LEVEL
The Illinois General Assembly changed its statutes in 1996 with a bill that defines marriage in Illinois as a union between a man and a woman. This bill can be undone by a simple majority vote in the Illinois General Assembly. However, Illinois does NOT have a constitutional ban on same-sex marriage or the recognition of same-sex marriage.
Generally, the full faith and credit clause of the U.S. Constitution provides that a marriage which is valid in a couple’s home state is valid everywhere. However, if a same-sex couple is married in their home state, DOMA allows other states to refuse to recognize that marriage. Many legal scholars argue that DOMA is unconstitutional and that traditional state-to-state recognition rules should apply.
Equality Illinois is working hard to end marriage discrimination against same sex couples in Illinois by educating the community and our policy-makers about the importance of the Equal Marriage Bill (H.B. 187 / S.B. 2468).
Additionally, even as we rally around full marriage equality, we are advocating for passage of a stop-gap civil union bill (S.B. 1716), which would provide certain benefits of marriage to committed same sex couples. Learn more about the civil union bill here.
WHAT CAN YOU DO?
Help Equality Illinois bring about marriage equality by sending a letter to your Illinois Senators and Representative to express your support, calling them OR writing a letter to your local newspaper.
We couldn’t do this important work without you so please consider signing up for our e-newsletter, volunteering, or donating now.
Where to get more information:
- Evan Wolfson, “Why Marriage Matters” (2005)
- Jonathan Rauch, “Gay Marriage: Why it is Good for Gays, Good for Straights, and Good for America” (2004)
- Prop. 8 Fed Challenge: Plaintiffs Trial Brief
