in which marital status is a factor in determining benefits, rights, and privileges.” Turns out it was pretty easy to find a summary in Wikipedia of the “Rights and responsibilities of marriages in the United States”.
So this is my plan: look at this list (copied over directly from the above Wikipedia article), and think about which of these rights and benefits are appropriate for the “any two people”-type marriage and which really only make sense in the context of a mother and father raising a family (typically meaning that one of the two forgoes income permanently or temporarily due to caregiving responsibilities), and which I’m not sure of (which I think will be a large category — looking at the list, I’m not sure what all of these are about!).
- Employment assistance and transitional services for spouses of members being separated from military service; continued commissary privileges
- Per diem payment to spouse for federal civil service employees when relocating
- Indian Health Service care for spouses of Native Americans (in some circumstances)
- Sponsor husband/wife for immigration benefits This is already an interesting one, since I have personal experience with this.
- Veteran’s disability Only makes sense in the case of a dependent spouse
- Supplemental Security Income This doesn’t seem like it belongs in this category. This is a means-tested benefit and (I believe) the benefit for a couple is something like 150% of a single person’s benefit. I think Wikipedia really means disability benefits, which are larger for married couples (e.g., assuming a dependent spouse).
- Disability payments for federal employees Really? I hope this is wrong — if so, this is another instance of government generosity in employee benefits out of the norm of the private sector.
- Medicaid This also looks wrong — this is another means tested welfare benefit, where two unmarried individuals are more likely to qualify.
- Property tax exemption for homes of totally disabled veterans Does this just mean that the couple receive this benefit for jointly owned property?
- Income tax deductions, credits, rates exemption, and estimates This is misleading. In the case of a dependent spouse (that is, a housewife or part-time earner), taxes are generally lower filing jointly; for two earners with roughly similar salaries, there is generally a marriage penalty.
- Wages of an employee working for one’s spouse are exempt from federal unemployment tax and, presumably, similarly ineligible for unemployment benefits, if the business fails.
- Joint filing of bankruptcy permitted I don’t think I would call this a “right” — I would think it would be a disadvantage, that it would be pretty common that one party would have debts and the other assets, and joint filing means losing instead of protecting those assets, however minimal.
- Joint parenting rights, such as access to children’s school records is this really a right pertaining to marriage? Unless the step-parent has this access, it’s simply a right of parents to access their children’s records.
- Family visitation rights for the spouse and non-biological children, such as to visit a spouse in a hospital or prison yeah, sure, fine. I guess “non-biological children” means the step-children?
- Next-of-kin status for emergency medical decisions or filing wrongful death claims OK
- Custodial rights to children, shared property, child support, and alimony after divorce custodial rights and child support are based on each partner being a parent to a child from the marriage, not based on marriage itself — these same rights exist even when it’s a cohabiation arragement that falls apart. “Shared property” — fine. Alimony? That’s presumably only granted these days in cases where a woman stayed home to raise the children.
- Domestic violence intervention This doesn’t sound right — I don’t find it believable that domestic violence agencies only help women who were married to their abusers.
- Access to “family only” services, such as reduced rate memberships to clubs & organizations or residency in certain neighborhoods OK — these aren’t government benefits/rights/programs any more. And I’ve never heard of neighborhoods requiring you to be married to live there! Besides, virtually every “family” rate now refers to two adults in a household.
- Preferential hiring for spouses of veterans in government jobs Really? Why would this be? Is the idea that a spouse has relocated with the soldier often enough so as cause the resume to suffer — employers being leery of the frequent job-changing
- Tax-free transfer of property between spouses (including on death) and exemption from “due-on-sale” clauses. I guess this was what Windsor was all about — and wouldn’t have been an issue were it not for estate and gift taxes.
- Special consideration to spouses of citizens and resident aliens This is too vague
- Threats against spouses of various federal employees is a federal crime This is a curious one — I would think a threat against anyone due to their relationship to a federal employee would be a federal crime — or a similar threat to anyone. (Why should federal employees be treated differently?)
- Right to continue living on land purchased from spouse by National Park Service when easement granted to spouse This sounds more like a contractual agreement than anything else — unless “purchased” really means “seized”?
- Court notice of probate proceedings OK, this is a “next-of-kin” issue
- Domestic violence protection orders ??? No, you don’t need to be married to get an order of protection!
- Existing homestead lease continuation of rights No idea what this means.
- Regulation of condominium sales to owner-occupants exemption Likewise, don’t know. Wikipedia is really beginning to disappoint me.
- Funeral and bereavement leave For federal employees? This is more of an employee benefit, then. Or does this just mean that employers typically provide this?
- Joint adoption and foster care Does adoption really work differently (for non-religious agencies, who don’t care about parents’ marital status) for a married vs. unmarried pair?
- Joint tax filing This is a duplicate bullet point.
- Insurance licenses, coverage, eligibility, and benefits organization of mutual benefits society another one that I don’t know what this means.
- Legal status with stepchildren And again — what is the legal status of step-parent and step-child?
- Making spousal medical decisions OK, fine, this is a next-of-kin sort of thing.
- Spousal non-resident tuition deferential waiver why would a spouse need a non-resident tuition waiver?
- Permission to make funeral arrangements for a deceased spouse, including burial or cremation another next-of-kin issue
- Right of survivorship of custodial trust another next-of-kin issue
- Right to change surname upon marriage well, really, this means “change surname without a court order” which there’s no harm in.
- Right to enter into prenuptial agreement But can’t any two parties enter into a “prenuptial” agreement, even if it’s just an agreement prior to pooling finances or cohabitating?
- Right to inheritance of property I assume this means “be considered the next-of-kin in the absense of a will” since anyone can inherit in the case of a will.
- Spousal privilege in court cases (the marital confidences privilege and the spousal testimonial privilege) are there really good legal principles for this, besides just our legal heritage prescribing it?
- Social Security pension this is based on the assumption that the spouse is dependent on the deceased
- Veteran’s pensions, indemnity compensation for service-connected deaths, medical care, and nursing home care, right to burial in veterans’ cemeteries, educational assistance, and housing really? I wouldn’t have thought that spouses would receive veteran’s medical care, educational assistance, etc. That seems a bit overly generous.
- survivor benefits for federal employees again, based on an assumption of a needy widow
- Survivor benefits for spouses of longshoremen, harbor workers, railroad workers again, based on an assumption of a needy widow
- Additional benefits to spouses of coal miners who die of black lung disease why not benefits for the estate of the deceased?
- $100,000 to spouse of any public safety officer killed in the line of duty again, why not to the estate?
- Continuation of employer-sponsored health benefits I assume this refers to COBRA, which is access only at 102% of full premium.
- Renewal and termination rights to spouse’s copyrights on death of spouse don’t get me started on copyright extensions going to far.
- Continued water rights of spouse in some circumstances what kind of water rights expire upon death?
- Payment of wages and workers compensation benefits after worker death again, shouldn’t this go to the estate?
- Making, revoking, and objecting to post-mortem anatomical gifts another next-of-kin issue