Marriage Equality (LGBTQ Rights)
Packet #1: The Issue
What inequality is caused by same-sex couples not being able to marry? Marriage is a legal, social, and personal status. There are more than 1,000 legal benefits for couples who are married, many of which help the couple save money. To illustrate some of the legal and social benefits of marriage, lets consider the story of Dan and Kate, a recently married man and woman, and then the story of Tangier and Vera, a same-sex couple who would like to marry but can’t.
Straight Couple, Able to Marry: Dan and Kate
Taxes: Once Dan and Kate get married, they file their taxes together. The government gives a tax break to married couples, because the government wants to encourage stable families. Filing taxes together saves Dan and Kate several thousand dollars a year.
Health Insurance: Dan works, while Kate stays home. Kate gets free health insurance through Dan’s job.
Medical Emergencies: One day, Dan was in a car accident. Kate rushed to the hospital. Because she was his wife, she was allowed to see him right away, and to make his decisions about what kind of surgery he would want.
Retirement: Dan pays Social Security from each paycheck, just like every person with a job. Social Security is a system that the government runs to make sure that everyone who works, and their families, will have enough money to live on after retirement. At 65, Dan retires, and the government sends him a Social Security check each month. A few years later Dan dies; from then on, Kate gets a Social Security check each month.
Task: Annotate the below text for each way that this same-sex couple’s legal, financial and social experience is different than the straight couple.
Gay Couple, Unable to Marry: Tangier and Vera
Tangier and Vera are in a committed relationship, and would like to be married. However, it is 2012 in California and same-sex couples cannot marry.
Taxes: Tangier and Vera have to file taxes as two single individuals. This costs them thousands of dollars each year.
Health Insurance: Tangier works, while Vera stays home. While some companies choose to over coverage to same-sex domestic partners, because it is optional, many companies choose not to, including Tangier’s company. Thus, Vera has to pay for separate health insurance, which costs them $500 a month.
Medical Emergencies: One day, Tangier was in a car accident. Vera rushes to the hospital. Because Vera is not Tangier’s wife, she is admitted two hours later, and is not given the right to make medical decisions. The hospital calls Tangier’s parents to ask what kind of surgery she wants. Tangier’s parents don’t like Vera, so they don’t include her opinion in their decisions.
Retirement: Tangier pays Social Security from each paycheck, just like every person with a job. At 65, Tangier retires, and the governments send her a check each month. A few years later, Tangier dies. Because Vera was not married to her, Vera does not receive her Social Security check.
Exit ticket:
1. How does marriage help people save money? Explain, using at least two examples from the above text.
2. What non-financial benefits does marriage have? Explain, using examples from the above text or your own outside knowledge.
3. Why might it be important to Tangier and Vera to be allowed to legally get married?
LGBTQ Rights: The Context of Prop 8 and DOMA
Beginning in the 1970s, gay couples began to file lawsuits. Their claim was that the government denying them the right to marry was denying them equal protection under the law. For decades, couples brought lawsuits in states such as Hawaii, Kentucky, California, Washington DC, Maryland. Some of these lawsuits won, including in Massachusetts, where gay couples could marry as of 2003.
Because some of these lawsuits won, anti-gay rights activists got concerned. So, anti-gay activists got states to make specific laws saying that same-sex couples could not get married. Once that kind of law exists, it is harder for a judge to decide that same-sex couples deserve the right to marry. In 2008, California passed Proposition 8, which was one of these laws. Proposition 8 made it illegal for same-sex couples to marry in California.
The federal (national) US government is in charge of all the states, and has many marriage-related laws and tasks. Once some states allowed same-sex marriage but others did not, the federal government had to decide if federal marriage benefits would extend to same-sex couples. For example, if a same-sex couple was married in Massachusetts, could they save money by filing their federal taxes as a married couple? If one person worked for the government, could their spouse get health care? Immigration laws have special exceptions for people who are married – could same-sex couples get the same benefits? The federal government decided to not allow any benefits for same-sex couples. This law is called the Defense of Marriage Act, or DOMA, and was signed in 1996.
What is Proposition 8? What was its purpose?
What is DOMA? What was its purpose?
Brainstorm: What impacts did Proposition 8 have and DOMA have on people?
Challenge assignment: Go to the below website (which is also posted on our class website), and then write a 2 paragraph report.
What strategies did gay rights activists use to pursue marriage equality? How long did it take? What other details of the movement do you find surprising or important? http://www.freedomtomarry.org/pages/history-and-timeline-of-marriage
(End of part 1. Complete your exit ticket, to prepare to educate your audience on this issue).