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If memory serves, he lived in the northern part of the US. DE,CT - something like that. I can't speak for that state or its laws. However, I would suspect that no medical power of attorney was in place. Its important to remember - we are talking NC here - not anywhere else. If Leo had been in NC - now or prior to this amendment - he would have had the right to do a medical power of attorney - and that would have allowed his partner to visit him and make decisions on his behalf regarding his care. It is all too easy to point to other cases - in other places - and equate them to what has occured in NC. However, that fails to account for the fact that different states have different laws. NC is clear on what it does not allow - and that is "marriage". Anything else is available. You bring up the marriage tax penalty. Why would someone want to incur an extra penalty? If homosexuals REALLY want to pay more in taxes - they can still donate to the state tax office. Though there is some discussion as to whether the penalty still exits. Literally AVG - the ONLY thing they can't do in NC is get a marriage license in NC. Yes - they might have to do paperwork to get the same legal authority - but they would have to do paperwork to get married. Its not about the "right" - its about making everyone else accept their view. I will say it again - google "church sued over gay marraige" and do a little research. Gay activists have been suing private citizens of religious conviction and churches trying to force them to "accomodate" gay weddings against their religious beliefs. |
Good points CH.
The marriage penalty I would believe overrides the other "benefits", if folks see them as benefits, in their minds? I would venture to guess the same reasoning as a man and a woman getting married overrides the tax penalty. As far as the license. The last time I looked at mine was 19 years when my wife and I applied for it. |
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Our same-sex marriage law: Quote:
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Yeah whatever. :roll: |
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I made the claim that this was not about equal "rights", but about a forced acceptance upon society. If it were about rights, then the initial civil union equal to marriage offer would have been accepted originally. It was not. Now, if people are about enjoying the "benefits" of marraige, and are offered those benefits in an "official" way - then they would have accepted them. Thus, logic dictates that the claim of "equal access to benefits of marriage" was in fact a red herring. So then we must ask - what was the real purpose? Looking at the continual history of gay activism in the most recent years, one can see from a simple search - as I defined - how the religious convictions against gay marriage are in fact under attack by the gay activist community. Now, I have provided a logical position. Debate and discussion consist of more than the tired old tactics of "Nu huh!' and "That's not right!" - it requires an opposing view - in this case yours - to be explained clearly and concisely, with verifiable facts to back up your position. So far - pretty much the "pro gay marriage" side of this has done nothing but use playground tactics of "NUHUH!", namecalling and emotional heartstring pulls trying to compare this to the civil rights movement. I mean really - you can put the "tribesman's guide to ignoring facts to win a debate" away - it won't help you. So here is your chance Bilge-rat - its your turn to represent the left at the grown up table. The right always says we can win in the arena of idea's - here is your shot to prove that wrong. You just gotta use facts to do it. Good luck! |
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Also I've been looking over some of the discussions elsewhere, and there is some indication that "civil unions" are not allowed in North Carolina. Can you provide clarification on this? |
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Check:up: but don't forget the first one either, as terms and conditions apply since marriage is a legal contract which even covers that aspect. Quote:
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Tribesman, inheritance is not automatic when marriage is concerned. Items and wealth need to be Willed. If not Willed in a legal binding manner the state(place he lives) where the individual dies can contest ownership of what is left behind. Marital contract does not assure inheritance. It is never tax free. However, any individual can Will wealth and belongings to people or animals. In divorce marital property is 50/50.
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First, your correct -Civil Unions are no longer an option for homosexuals. It was offered at one time - and they refused it - instead demanding the ability to call it marriage. Due to this being a long running, vocal debate in the state, and the history noted above - this issue came to a head on May 8th. As I stated in an earlier post - the gay lobby chose to push way to hard - and the reaction (whether proper or not) was one much less lenient than it could have been. Now - on the issue of inheritance. There is no such thing as automatic inheritance in the State of NC. If you die without a will, the estate goes through probate. While I am sure you know, for the sake of others - this means that a judge sits and decides who gets what - and that includes the state as being a "beneficiary" of the estate as well. Yes - if your estate goes to probate, its likely the state may take some of it. It doesn't matter if your married, or have children. A court will decide how your estate is "divided" - and who can lay claim to it or a portion thereof. So - without a will - whomever you want to leave stuff to is screwed and in for a fight - regardlss of if they are your wife, husband, child(ren), gay lovers or life partners. Thus - to protect inheritance rights - EVERYONE in NC needs a will - regardless of their choice in sexuality. Now - let me be clear - if you mean "automatic inheritance" in the sense of shared "marital" assets - this DOES exist. One half of the assets of a marriage remain with the surviving spouse. The same can be accomplished via insuring the partner has equal share on the appropriate titles of ownership - aka , home - auto - etc. In essence, the estate is "shared" via law before the death of one partner. Essentially, it functions the same as any business partnership. Tax free inheritance. NC repealed its estate tax rules in 2009. Prior to that, there were rare situations where an estate would be taxed. After Dec 31, 2009 - you may pass your estate on to a non-spouse without any estate tax. So - this is a total non-issue. Medical incapacitation. Again - I have dealt with this but I will say it again. You have to go through a legal process involving paperwork to get married. You have to go through a legal process to provide a mendical power of attorney. In fact, the power of attorney is LESS cumbersome, less time consuming and less expensive than a marriage license. Getting a Medical power of attorney provides all the rights and authority as a spouse would have in the case of a medical issue. This issue in fact is a perfect example of WHY May 8th happened - the gay lobby knows they can get these same rights by going through the same type of bureaucratic hassle that a hetero couple would go through to get married. But they won't. They want it their way and only their way - not just the rights, but the rights delivered on a silver platter, cooked to order, and service with a smile. Everyone else's views be damned. Hopefully Steve, this has helped clear up some of the confusion. Every "right" a married couple can get - a homosexual couple can also get (with 2 exceptions - the right to call themselves married in the eyes of the State - and the "right" to owe more in taxes due to being married). Yes, they have to do paperwork to get it. But the married couple has to do paperwork to get married - and if marriage was extended to gay couples - they would have to do paperwork for that too. If this is about rights being denied, would these paths exist? No. If this is about changing society to meet the demands of a few - would these issues - provably solved already - even be mentioned? Yes. This is why I say it is not about the rights - because they DO exist. Its about making society change. ************************************************ Now - in the interest of full disclosure - it hit me that this amendment did in fact do one thing that negatively affects the homosexual community. It does not allow local or state government to offer same sex (or unmarried differing sex) benefits to employees. It does NOT prohibit such benefits being extended by private companies, however. Now, 2 things on this. Is that discriminatory? No more than it is for an unmarried couple to be denied the same rights and access. I don't say that is right or wrong - its simply a fact. Secondly, some local governments were offering such benefits (mainly the 3 liberal metro's of the state). Thus those benefits have ended. The only argument that has any real weight at first glance in this is the health benefits available through an employer are not automatically available to a same sex couple. Yet that is limited only to government employees affected - and they work for the people and the people have chosen not to offer it. Any private business can offer it as they choose. So while the issue is there - on further review it is clear that it is not a true issue. The people "own" the state - and like any owned enterprise, the owners can decide if they will or will not offer such benefits. Oh - and before someone tries to claim it - remember - gays as wel as straight folks have the RIGHT to decide who they work for - so its not like gays are being forced into government slavery where they are doomed to always be denied partner benefits.... |
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Again, this is not a right-left issue, many prominent Republicans back same-sex marriage. Please do not insult me by calling me a leftist. |
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Lets see if you can actually step up and prove YOUR case for once - instead of just trying to keep everyone you disagree with on the defensive. Isn't it funny - you are so busy you can't answer my points - but you sure can post more to demand more "proof"..... |
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