The legal benefits of marriage are basically focused on income taxes, it seems to me. But any combination of people--gay, incestuous, polygamous, whatever--can draw up a contract that legally binds them in a relationship they can dictate on their own. You don't have to call it marriage; it's just a culturally-loaded word.

"The legal benefits of marriage are basically focused on income taxes, it seems to me." That may be true for the State, but there are larger issues at stake for the individuals. Imagine that you're a gay man and your partner of twenty+ years is dying of cancer in the hospital. Because you cannot be legally married in your state, you are not his next of kin. His 'legal' kin can come in and not only decide on his care if he's unable to speak for himself, but actively keep you out of his room. I know people that were in this situ. Before I spoke to the gentleman I pretty much thought it was about money, property, estates, the boring 'legal benefits of marriage'. It goes much deeper than that.

I'm willing to bet there is a way for any person to dictate, in a legal contract, who gets to say what about his care or his estate. I'm not saying the current situation is okay; but you can take such precautions. If you are in a gay relationship and you've got a terminal disease, you probably ought to hire a lawyer pronto.

Even so, what if a couple is unable to afford the legal fees or are simply unaware that legal action is neccessary?

bluesoc:

Even so, what if a couple is unable to afford the legal fees or are simply unaware that legal action is neccessary?

Hey, I'm not saying it's a perfect system...my post was really aimed at conservatives who want to put an end to any notion of "gay marriage"

this is one of the straw man arguments that the pro-gay marriage always bring up. If a couple has been living together for 20 years, then even a thousand buck will and power of attorney costs out to a dollar a week. And if you are that poor, no doubt some law student at legal aid can do the work for you, free. The fact is, if you are "married" and you have strong wishes that someone in particular should make end of life decisions for you, or you want your estate distributed in a certain way, you had better have a durable power of attorney and a will drawn up.

I wonder what percentage of all "marriages" fall into the category of:

1 Married to original spouse

2 No kids from either spouse from any prior relationship

3 Both spouses competent to make medical decisions

4 Both parties wish assets distributed to surviving spouse and children (if any) in identical manner

5. Estate small enough not to trigger any tax consequences

6 No special bequests by either spouse prior to the surviving spouse's death,

7. Views on end of life care identical in both spouses.

8. And actually married, not just living together

My guess is that this is a very small percentage of hetero couples in the US. So, if you are picky about who gets what and who decides want, see a lawyer.