Rights and benefits denied

by lestro

After reading this article in today’s New York Times, it is literally impossible to continue saying that marriage does not provide certain rights and benefits that are being denied to an entire class of people (to use the legal term) while being bestowed on another.

And that is wholly unamerican and unconstitutional.

Today’s article is about health care and how difficult it is for gay couples to get the same benefits married couples get simply by signing a legal contract denied to a certain percentage of the population:

Same-sex couples have been making headlines; Maine followed the lead of Iowa and Vermont this week in legalizing same-sex marriage, and several other state legislatures are now considering it. But Ms. Hudson says that fairer and more comprehensive health care coverage for partners — whether they are legally married or not — is not necessarily part of the package.

“For the vast majority of gay couples,” she said, “getting health insurance for a domestic partner is still a challenge.”

[…]

Even if the relationship is formalized with the state in a marriage or union, that does not always obligate the employer to cover a same-sex spouse. For one thing, self-insured employers are not regulated by the states.

And other benefit-providing employers that choose not to offer such coverage can sometimes use the Defense of Marriage Act — a law that forbids the federal government to recognize same-sex marriage — to trump state laws, said Ilse de Veer, a principal with Mercer.

Let’s review the 14th Amendment while we’re at it, just to make sure we understand why all this is illegal:

…No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws…

Without a doubt, gay people are not getting equal protection under the laws, especially in health care.

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