The wake-up call about their legal status came after a truck traveling in the wrong lane nearly hit their car head-on.Meet The 'Accidental Activists' Of The Supreme Court's Same-Sex-Marriage Case : NPR
April DeBoer says the near-miss got them thinking.
"We started to seek out information on protecting our kids, and putting wills and trusts in place to make sure that our kids are protected," she says.
But there was nothing they could do to ensure that if one of them died, the other parent would get custody of the two children adopted by the deceased partner. They could put their wishes on paper, but that paper would have little legal status.
"A judge could award that child to someone else," Jayne observes, effectively making the surviving parent "a legal stranger to the child that they've helped raise since birth."
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There is the ever-present anxiety of unmarried, same-sex parents about what would happen to the children if one of them were to die. But there are more mundane matters too.
They don't qualify for each other's spousal death benefits. Because the state does not recognize them as one family, they have to have two separate family health insurance policies. Over the years, they've learned to shop around for day care, schools and pediatricians who will treat them both as parents.
And when Paul was diagnosed with prostate cancer three years ago, they had to shop for a doctor who would recognize Randy as his full partner with decision-making power should Paul's health make that necessary.
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Although a married heterosexual couple would both automatically be the parents of a child in a situation like this, under Tennessee law, Sophy is not a married spouse and therefore had no legal relationship to Emilia. So the couple sued.
That's how Sophy, through a legal quirk, became the first female "dad" in Tennessee.
Because Emilia was born in the short window of time when there was a court order requiring the state to recognize their New York marriage, Sophy Jesty is listed on the birth certificate as Emilia's father.
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Through a friend, a civil rights lawyer came to Jim and John's home to explain that Ohio would not recognize the marriage.
Jim recalls what happened next: "He pulled out a blank death certificate and said, now, do you realize when John dies, the state of Ohio will say he's single, and this blank here for surviving spouse name will be blank. Your name won't show up there, Jim."
The couple decided to fight. They filed suit just eight days after the tarmac wedding. Because of John's health, the judge heard arguments the following court day, and that same afternoon issued his ruling requiring the state to recognize Jim as John's spouse on a death certificate.
Three months and 11 days later, John Arthur died. The death certificate listed Jim Obergefell as his surviving spouse.
If the state wins its case in the Supreme Court, it can reissue a death certificate without Jim Obergefell's name.
Welcome to H&C,,, where I aggregate news of interest. Primary topics include abuse with "the church", LGBTQI+ issues, cults - including anti-vaxxers, and the Dominionist and Theocratic movements. Also of concern is the anti-science movement with interest in those that promote garbage like homeopathy, chiropractic and the like. I am an atheist and anti-theist who believes religious mythos must be die and a strong supporter of SOCAS.
Tuesday, May 12, 2015
Meet The 'Accidental Activists' Of The Supreme Court's Same-Sex-Marriage Case : NPR
Four reason why marriage equality matters:
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