Last Monday, US Attorney General Eric Holder released a memo which accords the same federal benefits, protection and services to all same-sex couples across the nation — even in the 34 states that have not yet legalized gay marriage.
To clarify, the memo does NOT mandate that these states officiate or solemnize same-sex marriages, since they continue to define marriage as a legal union between one man and one woman.
What the new memo does is expand recognition of same-sex marriages in federal legal matters, including bankruptcies, prison visits and survivor benefits.
A same-sex couple legally married in California, for example, can now have a federal bankruptcy proceeding recognized in Georgia, even though gay marriage is not legal there.
Before this policy change came out, the US government could challenge the couple’s joint bankruptcy because Georgia does not recognize same-sex marriage.
Holder said in the memo that it is the Justice Department’s policy “to recognize lawful same-sex marriages as broadly as possible, to ensure equal treatment for all members of society regardless of sexual orientation.”
On Tuesday, Holder said this policy “marked a major victory for the cause of equal protection under US law, and a significant step forward for committed and loving couples throughout the country.”
This policy is anchored in the same rationale behind the repeal of the Defense of Marriage Act (DOMA). It is pursuant to the Equal Protection Clause of the Constitution, that says every American should enjoy equal protection under the law.
Denying same-sex couples the benefits, protection and services accorded to heterosexual married couples is ruled as discriminatory. This presupposes that same-sex couples are inferior to opposite sex couples, and goes against the Constitution.
The Washington Post explains that “under the Justice Department policy, federal inmates in same-sex marriages will also be entitled to the same rights and privileges as inmates in heterosexual marriages, including visitation by a spouse, escorted trips to attend a spouse’s funeral, correspondence with a spouse, and compassionate release or reduction in sentence based on the incapacitation of an inmate’s spouse.”
Moreover, “an inmate in a same-sex marriage can be furloughed to be present during a crisis involving a spouse. In bankruptcy cases, same-sex married couples will be eligible to file for bankruptcy jointly. Domestic support obligations will include debts, such as alimony, owed to a former same-sex spouse. Certain debts to same-sex spouses or former spouses should be excepted from discharge.”
This new memo expands the Justice department already approved policy changes by other federal agencies to extend federal benefits to same-sex married couples announced last summer.
The Washington Post outlined these policy changes:
– Federal employees in same-sex marriages could apply for health, dental, life, long-term care and retirement benefits.
– The Department of Health and Human Services said that legally married same-sex seniors on Medicare would be eligible for equal benefits and joint placement in nursing homes.
– The Social Security Administration will pay death benefits to survivors of a same-sex marriage.
– The Department of Homeland Security will treat same-sex spouses equally for the purposes of obtaining a green card if the spouse is a foreign national.
– The IRS has begun treating same-sex marriages equally for tax-filing purposes.
CNN reported that Human Rights Campaign (which advocates equality for lesbian, gay, bisexual and transgender people) called it a “landmark announcement” that “will change the lives of countless committed gay and lesbian couples for the better.”
However, Brian Brown, president of the National Organization for Marriage, contended that this is yet another policy of the Obama administration that undermines “the authority and sovereignty of the states to make their own determinations regulating the institution of marriage.”
What do kababayans think about this policy change? Do they support giving equal benefits, protection and services to all married same-sex couples in America?
In the online daily poll of the viewers of Balitang America, a big majority (70 percent) of those who voted did not approve of the new policy change. They argue that the memo would bring more disagreements in states with opposing views on same-sex marriage.
The remaining 30 percent said yes, saying that this memo is a huge step in the advancement of equal rights for all Americans.
What do you think?
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Gel Santos Relos is the anchor of TFC’s “Balitang America.” Views and opinions expressed by the author in this column are are solely those of the author and not of Asian Journal and ABS-CBN-TFC. For comments, go to www.TheFil-AmPerspective.com, https://www.facebook.com/Gel.Santos.Relos
