Privileges and Benefits of Marriage

Ken AshfordConstitution, Sex/Morality/Family ValuesLeave a Comment

It has been suggested by some that what gays want is the "psychic benefit of being able to say they are married." How wrong.

Here is a short list of benefits and privileges that come with marriage, from the government and from businesses. [Note that if gay marriages are legally recognized, businesses will not be able to discriminate against them as well]:

  • Receiving Social Security, Medicare, and disability benefits for spouses.
  • Receiving veterans’ and military benefits for spouses, such as those for education, medical care, or special loans.
  • Receiving public assistance benefits.
  • Obtaining insurance benefits through a spouse’s employer.
  • Taking family leave to care for your spouse during an illness.
  • Receiving wages, workers’ compensation, and retirement plan benefits for a deceased spouse.
  • Taking bereavement leave if your spouse or one of your spouse’s close relatives dies.
  • Visiting your spouse in a hospital intensive care unit or during restricted visiting hours in other parts of a medical facility.
  • Making medical decisions for your spouse if he or she becomes incapacitated and unable to express wishes for treatment.
  • Suing a third person for wrongful death of your spouse and loss of consortium (loss of intimacy).
  • Receiving crime victims’ recovery benefits if your spouse is the victim of a crime.
  • Obtaining domestic violence protection orders.
  • Obtaining immigration and residency benefits for noncitizen spouse.
  • Visiting rights in jails and other places where visitors are restricted to immediate family.
  • Suing a third person for offenses that interfere with the success of your marriage, such as alienation of affection and criminal conversation (these laws are available in only a few states).
  • Claiming the marital communications privilege, which means a court can’t force you to disclose the contents of confidential communications between you and your spouse during your marriage.
  • Inheriting a share of your spouse’s estate.
  • Receiving an exemption from both estate taxes and gift taxes for all property you give or leave to your spouse.
  • Creating life estate trusts that are restricted to married couples, including QTIP trusts, QDOT trusts, and marital deduction trusts.
  • Obtaining priority if a conservator needs to be appointed for your spouse — that is, someone to make financial and/or medical decisions on your spouse’s behalf.
  • Receiving equitable division of property if you divorce.
  • Receiving spousal or child support, child custody, and visitation if you divorce.
  • Living in neighborhoods zoned for "families only."
  • Automatically renewing leases signed by your spouse.
  • Receiving family rates for health, homeowners’, auto, and other types of insurance.
  • Receiving tuition discounts and permission to use school facilities.
  • Other consumer discounts and incentives offered only to married couples or families.
  • Consenting to after-death examinations and procedures.
  • Making burial or other final arrangements.
  • Filing for stepparent or joint adoption.
  • Applying for joint foster care rights.

Hat tip to Atrios — who also provides a link to 1999 GAO report listing 1,049 benefits and privileges of marriage.