sdyer@bbncca.ARPA (Steve Dyer) (07/28/84)
This article is a very good enumeration of some of the problems which
cannot be overcome by appropriate contracts between a gay couple.
Having had a death in my family this past year, many of the points
mentioned here seem particularly urgent; were I to die in an accident
right now, I KNOW that much of what is described below would come to pass.
Anyway, here 'tis:
/Steve
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1) Marriage allows many rights for a spouse OTHER than the above that
cannot be done by contract:
a. The next of kin is the spouse. There was a story of a couple
who had lived together for 5 years (one 25 the other 40). The younger
was killed in the Air Florida crash a couple of years ago.
The body was shipped to the man's MOTHER even though she had
disowned him. The lover could not see his dead lover, was barred
from the funeral, etc. All legal and no piece of paper (even a will)
would change this.
b. My lover is in a mental hospital. I have no rights as I am not kin.
c. I cannot have a life insurance policy on my lover as I do not have
"an insurable interest".
2) My employer does not recognize my relationship for benefits:
medical, death, relocation, etc. (My boss solved the relocation sub rosa).
I could add several other items, but you begin to see the picture:
While the major legal problems can be taken care of by legal documents,
many other situations are implied by the idea of next of kin or spouse
and there is no legally recognized way of solving that.
The sad problem is that at times of crisis such as illness or death
when two people need each other the most people refuse to allow it.
The most serious example is:
I am seriously ill. I am not coherent to make my will known
(or worse I can but cannot enforce it). My lover will not be allowed
to visit me at the hospital. (He is not immediate family!).
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END OF POSTED ARTICLE
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/Steve Dyer
{decvax,linus,ima}!bbncca!sdyer
sdyer@bbncca.ARPA