Attorneys Say Civil Unions Do Not Protect Same Sex Couples
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We the older baby boomers are fighting for equal marriage under the law, not Ccivil unions that leave us without federal rights and much more. adamfoxie* blog
While heterosexual couples freely married at the White Plains City Court on Valentine’s Day—the lesbian, gay, bisexual, transgender (LGBT) community and its supporters protested all over the country asking that same-sex couples be given the same the same right.
The issues any member of the LGBT community faces are vast. What some people may not realize is that the problems faced by those who are LGBT and 50 years or older—like the right to marry or adoption—are at a whole new level, because they address legal concerns that some in the younger community may not be facing yet.
“The big problem older members of the LGBT community face is not having equal rights,” said Trudy Katz, program manager for the Silver Connections program at the LOFT: LGBT Community Services Center in White Plains.
Attorney Jeanne E. Mettler, who spent 30 years practicing law in White Plains before moving her practice to Copake, NY, said the issue is not as complicated as everyone tries to make it out to be.
“Civil marriage is a civil right,” said Mettler. “The government should give all couples the rights and benefits of a civil marriage. People who are looking for marriage equality are not looking for a church to bless their union or to even marry in a church. Anyone who wants to get married in New York needs to get a marriage license first, because that is what makes it legal.”
Mettler says that a civil union still denies the LGBT community basic civil rights.
“When civil unions were introduced, the gay community was very excited at the time,” she said. “But as time goes by, the gay community does not want to settle for a separate legal entity. They want the same rights given to other legally married couples. It is a civil right to marry. The U.S. Supreme Court has already said that separate is not equal. Giving gay people a civil union is not treating them equally.”
White Plains Attorney James L. Hyer said marriage is just the “tip of the iceberg” when it comes to legal issues in the LGBT community.
“There are adoption issues, name changes for transgendered people, asset division if the couple breaks up, the list goes on and on,” said Hyer. “I advise clients that it's very important to have your estate planning in order so your partner is not disinherited.”
Hyer said he holds a legal seminar cooperative each month at the LOFT where he and other legal experts answers questions about these issues for free. Hyer said he knows how much more gay couples have at stake because of the legal issues.
“There are other issues, unique challenges,” he said. “I refer to it as ‘defensive driving for same sex couples.’ It is important that same sex couples do estate planning on both sides including a health care proxy and other fiduciary documents, which are prepared correctly, so that what passes through the estate is not contestable. If someone dies in New York without a will, they are considered intestate and anything they have goes to their nearest legal relative, not their partner.”
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