As the debate over same sex marriage rages in the United States, same sex couples are quietly taking active steps in securing their own financial future. Domestic partnerships offer some immediate benefits to same sex couples, even if they do not extend all the benefits enjoyed by legally married heterosexual couples. While it is criminally unfair for same sex couples to be denied these rights, there are at least some protections provided by the government on a state level to same sex couples. Domestic partnerships are available in most states and can provide some security for same sex couples who are worried about getting equal protection under the law. While they are by no means ideal, domestic partnerships can tide same sex couples over until the inevitable day when gay marriage becomes legal.
Domestic partnerships offer same sex couples hospital visitation rights, inheritance rights, and the ability to sign off on autopsies and organ donations. They also, in some states at least, extend adoption rights, child support protections, public employment benefits, and the ability of the surviving spouse in a same sex domestic partnership to use sick leave to take care of his or her spouse. Recently, some states, like Washington, have expanded state law to ensure that domestic partners are given equal consideration when it comes to probate, trust, guardianship, and community property matters.
There is, however, a significant financial expense that is required of same sex couples to protect their rights. The legal fees necessary to draft power of attorney documents or to divide their collective assets in the event of a death or separation can be quite expensive, and they put an unfair hardship on same sex couples. Heterosexual couples don’t have to pay these additional expenses, so why is it far for same sex couples to pay more to get less? It is a glaring inequity in American society, but until gay marriage becomes legal, domestic partnerships will have to suffice.