Ultraviolet Rooster

so, I’ve gotten this question and similar ones before, and I want to use it to go into what marriage actually is.

so, in law, there are a couple of legal assumptions made when someone is a close family member, like a parent. the assumptions are that this person knows you well enough to make decisions on your behalf in an emergency, supports or is supported by you financially, and, most importantly, that they are emotionally significant to you in a way that makes them different from a total stranger or a good friend. immigration law, for example, prioritizes families over people immigrating for jobs alone, because not getting a job doesn’t have the same emotional weight as never seeing your mom again.

the difference is that you don’t get to choose your family (outside of adoption and, uh, legally that’s not a bilateral decision). you do get to choose your spouse. the fact that you chose them is why they get priority for things like inheritance and immigration, even over your parents or your siblings or your grandma.

how does the government know that this particular person is someone you want to have as part of your family? you fill out a form and you tell them.

what happens if you don’t want them in your family anymore, and don’t want those assumptions made about them? you fill out a different form and you tell the government that.

the thing I think that’s hard for people to wrap their heads around – whether you’re a starry-eyed romantic or a pragmatic bitch like me – is that marriage isn’t an announcement of how much you love someone. that’s what a facebook status update is for. you do not need to be in love, or sexually/romantically monogamous, or be religious, or any of the other things people associate with marriage, in order to be married.

it’s a legal decision. it is choosing to get certain benefits (like taxes, because it’s assumed you’re financially supporting each other) in exchange for certain responsibilities (because it’s assumed you’re supporting each other, it stops mattering exactly who bought what after you got married, so divorce splits the whole pool of stuff even if one person bought like 75% of it).

you don’t get the one without the other, and you don’t get either if you don’t affirmatively say that’s what you want to have happen. it doesn’t happen automatically, or in every romantic relationship no matter how serious, because the choice is the point.

and, to be clear: if you do not want, or do not care about, the legal rights and responsibilities of being married, you should not get married. it’s a fucking legal contract that has serious legal implications! it’s not something you should be doing for funsies!

Long answer: That’s a little like asking “can you become a citizen via contract rather than going through the immigration and naturalization process?” Marriage is a legal status: you either are or you aren’t. Can you cobble together very specific stuff, like advanced healthcare directives and wills and whatnot? Yes, absolutely. But anything that requires you to be legally married as a status cannot be contracted away: you can’t file taxes jointly or sponsor someone for a green card or get someone’s Social Security benefits if they die if you’re not married to that person.

Now, to be clear: some things that often require marriage do not always require marriage. For example, usually you need to be married to have someone unrelated to you be on your health insurance, but my job’s specific health insurance plan allows coverage for domestic partners, which they define as a single person who has cohabitated with you for six months or more and is in a committed relationship with you. So even though my fiancé and I are not married yet, he’s been on my health insurance for the past year and a half, because we hit the six month mark of living together right around when I had to re-enroll in my health insurance for the year.

But if we’d gotten married sooner, he’d have been able to get on my health insurance right away (getting married is a qualifying event that lets someone get on a health insurance plan outside of the enrollment period), but since he’s just a cohabitating partner, we had to wait six months for him to get on my insurance. And if he’d moved in with me a month later, we’d have to wait a whole year before he could enroll with me on my health insurance. Even though it’s allowed, it still doesn’t have the same standing as a marriage.

if you have shared bank accounts and a house and a kid with someone who isn’t married to you, they can wipe you out – legally speaking – and you have no recourse. none. you will never see your kid again, unless you’re lucky and contributed half their DNA.

if they have a car accident and end up in hospital, you don’t have a legal right to see them. if they’re in a coma, their parents can pull the plug and adopt that child and you can do nothing.

queers wanted marriage equality not to Be Like Teh Hets, but because it is the most legal protection you can ever have against that bad stuff that comes (and it comes for everyone).

Because here’s the thing: children are not property.  Specifically, in estate law, children are not, and cannot be “Real Property.”  You cannot bequeath them like furniture, books, and bank accounts.   

“But my will states who I want as guardian!”  You say. Welp.  That statement is, in law, only a (strong) suggestion.  A judge still still have to rule on guardianship of your minor child, and you cannot, from the grave, dictate where they end up.  

Again: Children are not real property. If you are not their biological or legal parent, the state can remove them from your custody and hand them to someone more closely related, or not related at all but merely less gay, less queer, less “inappropriate” by your state’s legal standards.

The woman I knew back then was on good term with her not-quite-in-laws. Or thought she was.  Because as soon as her partner died, their tune changed 100%, they found anti-gay legal support, and they took that woman’s child from her.  Forever.