In response to the strong and mixed reactions I got from my
previous diary and poll, I thought I might explain/redeem myself with something more constructive. The following represents a new way to frame the "gay marriage" debate, one which is undeniably positive and about rights and equality rather than marriage. It is by no means complete, or even well-worded from a clarity and legal standpoint. But it is a starting point, hopefully the Kos community can help me refine it.
We hold these truths to be self-evident, that all men and women are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. These Rights are for all regardless of gender, ethnicity, ancestry, personality, or psyche. In this spirit, it is necessary to make explicit this Partner's Bill of Rights, in which we recognize the rights of each and every person to enter into committed relationships with another person of his or her choosing, and, if so willing, to base his or her life upon this foundation. To allow to all equal access to these Rights, we hereby avow:
All persons who wish to enter into a formal partnership should be explicitly recognized by the government as partners. Any insitutional benefits, that these unions are entitled to must be equal for all who enter into them. No discrimination may be made for any kind of partnership over any other.
All partners must have the right to make uncontested legal and medical decisions in the case of their partner's death or incapacitance, in accordance with state law, including but not limited to: health proxy, estate management, child custody. No law may limit this right explicitly or indirectly based on partnership.
Medical, life, injury, or any other insurance that can be extended to others within any household must be also extended to all others within any partnership.
All partners must be legally protected from incriminating their partner in accordance with spouse confidentiality precedent.
All partners must have the right to adopt children providing they meet state standards for child welfare. These standards must not, explicitly or indirectly, discriminate against any kind of partnership.
Financial and insurance institutions must extend the same joint ownership and coverage options to all partnerships. No discrimination may be made for any kind of partnership over any other.
All partners must be recognized as a legal spouse for their partner, and have all the rights and privileges thereby allowed by law. This includes, but is not limited to: hospital visitation rights, benefits under pensions and retirement plans including federal Social Security.
