Without a doubt, civil marriage is a strong personal, legal and social commitment. Not only does it bring the stability of a committed relationship, but also more than 1,049 automatic federal and additional state protections, benefits and responsibilities designed to support and protect family life. It brings benefits and discounts from employers, banks, insurers and businesses - and social respect from family, friends and neighbors.

Nationwide lesbian and gay couples are spending their lives together with the same love and commitment as heterosexual couples: raising children, sharing a home, providing for each other. But they are doing it without the same legal protections and support as other Americans, simply because they cannot legally marry. As a result, lesbian and gay couples are left vulnerable, as they try to piece together a patchwork of legal and financial documents to protect each other and their children. Or worse, they must remain at risk since many benefits from marriage cannot be created through other means. That’s why Lambda Legal fights for full equality in marriage, so lesbian and gay couples have the same options as straight couples for protecting their partners and families.

Protecting Family Life

• Marriage establishes an automatic right to joint parenting - including joint adoption, joint foster care, custody and visitation for non-biological parents.
• Immigration and residency are open to spouses from other countries.
• When a spouse dies, marriage entitles the surviving spouse to bereavement leave from work, to file wrongful death claims and to decide numerous other legal rights and protections.
• When marriages end, divorce protections covers shared property, child support and alimony.
• Spousal privilege protects married couples from being forced to testify against each other.

Ensuring Financial Stability

• Married couples can sign up for joint home and auto insurance policies and joint rental leases with automatic renewal rights if a spouse dies or leaves.
• In the case of death, a spouse can draw on the Social Security of the deceased husband or wife, automatically inherit a shared home, assets and personal items in absence of a will, inherit retirement savings tax free, and be exempt from property tax increases.
• Married couples can file joint tax returns and are eligible for additional tax benefits and claims.

Supporting Family Health

• Spouses are automatically next of kin for the purposes of hospital visits and emergency medical decisions.
• Employers often cover spouses of employees through health insurance.
• Spouses are entitled to family medical leave to care for a sick husband or wife.

Other Forms of Relationship and Family Recognition

Without the right to marry, same-sex couples have sought other ways to legalize their families, with varying success. Lambda Legal continues to support these efforts by drafting laws, expanding family recognition through the courts and empowering the LGBT community through education about their existing rights and options.

Domestic Partnership: In many municipalities and some states, same-sex couples can register as domestic partners. The protections available to domestic partnerships are limited under local or state law and vary widely in what is covered. Separately, “domestic partnership” benefits are offered by some employers to provide equal health and insurance coverage to same-sex couples.

Civil Union: The state of Vermont offers civil unions to provide same-sex couples the same benefits available to married couples under state law. Although same-sex couples from any state can enter into a civil union in Vermont, it is unclear whether other states will treat couples in civil unions as spouses.

Court actions and life planning documents: Wills, health proxies, co-parent adoptions, co-leases, name changes: There are many legal ways that same-sex couples try to protect each other and their children. Still, desired protections may be unavailable, unsuccessful in court or not always respected by individuals, businesses or the government.

Shut Out at the Hospital
Bill F. and Robert D. were partners for five years. After Robert was admitted in critical condition to a Maryland hospital, Bill asked to see him and confer with Robert’s doctors. Instead Bill was treated as though he wasn’t family and kept out. Robert fell unconscious permanently and died shortly thereafter; Bill was never able to say goodbye. Even though national hospital accreditation standards say Bill and Robert should have been treated as family, hospital staff didn’t recognize their relationship.

Cannot Adopt Her Son
Luke has two mothers who have loved him since he was born. Together, they raise Luke, protect him and want to make sure he will always be taken care of - financially and emotionally. Luke’s biological mother is automatically recognized as a parent responsible for providing that security. But her partner, Luke’s other mother, is not - and according to the state of Nebraska can never be. Nebraska courts have refused to allow Luke to be officially adopted by his other parent solely because the women are not married.

Evicted From Her Home
During the 20 years they were together, Amalia and Margaret promised to provide and care for each other. But when Margaret died suddenly, without a will, her cousins laid claim to the entire estate and evicted Amalia. She lost her life partner and her livelihood. Unable to afford to stay in San Diego, Amalia was forced to return to Spain. Eventually, Margaret’s family settled with Amalia, giving her a mere fraction of what she would have been entitled to had the couple been able to marry