The same-sex marriage debate has found its way to the courtrooms, presenting the Supreme Court Watchers with a thrilling ride. The discussion is about the legality of same-sex marriages, and whether the ban in some parts of the United States, like California, should be upheld.
Politicians have not been left behind either, as the topic has given them some leverage on their campaign trails, promising the electorate to uphold their rights to same-sex relations. However, what determined whether same-sex marriages matter in the society was the plebiscite or the postal vote as it is commonly known.
The Plebiscite is a nationwide vote that reflects the opinion of the people on a given proposal. It is not a binding vote, so even if the whole population voted in the affirmative, the government was not obligated to implement it. The government sought to know the opinion of the population, and what they think about same-sex marriages.
It conducted a survey to help with deciding on whether to change the law.
The survey raised many questions among members of the population, but this is what you need to know about same-sex marriage. The Supreme Court was passed the law on same-sex marriage, and it is legally protected in all the 50 states in America.
Legally speaking, some of the concerns raised by the authorization of same-sex unions include the issue of children. If a couple, married or not, plans on having and raising children, their status affects their rights to their children. Should a divorce happen, both partners can apply for custody, just like in the case of married couples. Upon the death of one of the partners, the surviving one becomes the primary legal parent.
The law allows for same-sex couples to adopt children, and with the adoption, comes their rights as the legal parents. However, unmarried couples run into the same challenges faced by unmarried couples of the opposite sex.
Joint property Rights
Marriage creates a presumption of joint ownership of property which the couple accrues during the marriage, and it opposite for unmarried couples. It is essential for couples to decide the assumption that works best for them as they decide whether to get married or remain unmarried.
One of the main reasons why people get married is to enjoy the benefits the government that the government provides to married couples. They include health care benefits and social security benefits. Married same-sex couples can now enjoy these benefits which were previously reserved for opposite-sex married couples.
Just like with every married couple, same-sex couples will have to observe formalities, some legal and other social, which may not be what they want. In case of a divorce, they have to go through the same process as the other type of couples.
Regardless of who was at fault during a breakup, both partners will have to split their property equally if it was accumulated during the marriage. Unmarried couples just walk out with what they individually acquired whether they were living together or not. However, they need to have an account of the said property in a pre-marriage agreement.