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  • #16
    Re: Civil Unions

    I've read of hospital cases (certainly anecdotal, perhaps apocryphal) where the parent's wishes were given precedence over the adult child's medical directive and against the partner's protests, mostly because there was "only" a medical directive and not the recognition of a marriage. Imagine if a mother-in-law could override an adult child's medical directive and the spouse didn't have any say in the matter because the two of them weren't considered to be "really married".

    Originally posted by tutusue View Post
    There's no need for a dissolution of "union". This is beginning to sound so much simpler! Still, the gay community should be entitled to the same rights as the straight community.
    Would the legal benefits of a civil union include the right for the couple to obtain employer's health insurance for their partner? And the right to act as a parent/guardian/custodian for their children?
    Youth may be wasted on the young, but retirement is wasted on the old.
    Live like you're dying, invest like you're immortal.
    We grow old if we stop playing, but it's never too late to have a happy childhood.
    Forget about who you were-- discover who you are.

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    • #17
      Re: Civil Unions

      Originally posted by Nords View Post
      Would the legal benefits of a civil union include the right for the couple to obtain employer's health insurance for their partner? And the right to act as a parent/guardian/custodian for their children?
      (1) That would be up to the individual employer. If they choose to provide said coverage for a same-sex partner, then yes. (2) Yes.

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      • #18
        Re: Civil Unions

        Originally posted by Leo Lakio View Post
        (1) That would be up to the individual employer. If they choose to provide said coverage for a same-sex partner, then yes.
        I'd think that any meaningful civil-union legislation would take that discretion out of the hands of an individual employer. Partner benefits would be offered whether the documentation was a marriage license, a civil license, a ketubah, holy writs, or a herd of goats...

        I don't know much about health benefits for Hawaii or federal civil-service employees. Does anyone know if these are (or would be) offered to same-sex partners, whether by virtue of civil unions or marriage?

        The U.S. military is on the cusp, admittedly measured in months rather than weeks, of allowing gays to serve openly. If they take that step then the very next issue they'd need to address would be whether to offer Tricare medical/dental benefits to the same-sex civil-union or married partners of their servicemembers. Next up would be survivor benefits for pensions. The DoD's policy in these areas would be an interesting harbinger of federal/state practice.
        Youth may be wasted on the young, but retirement is wasted on the old.
        Live like you're dying, invest like you're immortal.
        We grow old if we stop playing, but it's never too late to have a happy childhood.
        Forget about who you were-- discover who you are.

        Comment


        • #19
          Re: Civil Unions

          I have notarized several "reciprocal benefits" forms for same-sex partners to allow them to receive state health benefits here in Hawaii and right of inheritance to pensions.
          "Democracy is the only system that persists in asking the powers that be whether they are the powers that ought to be."
          – Sydney J. Harris

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          • #20
            Re: Civil Unions

            Originally posted by Kaonohi View Post

            From HB 444:
            "Eligibility to enter into a civil union. A person shall be eligible to enter into a civil union only if the person is:
            (1) Not a partner in another civil union or a marriage;
            (2) Of the same sex as the other partner in the civil union;
            (3) At least eighteen years of age; and
            (4) Not related to the other partner as provided in section -3.
            § -3 Civil unions void; when. A civil union shall be void if between the following persons:
            (1) A woman and her mother, grandmother, daughter, granddaughter, sister, brother's daughter, sister's daughter, father's sister, or mother's sister; or
            (2) A man and his father, grandfather, son, grandson, brother, brother's son, sister's son, father's brother, or mother's brother."[...]
            I just received an email from Rep. Tom Brower; a portion of which is quoted below. Note the reference to "opposite sex couples" (emphasis, mine!). And...note #2 above which is a copy and paste from HB 444! I wonder if I should reply and refer him back to the bill!
            [...]
            For me, the passage of HB 444 on April 29 was an important step forward.

            If it becomes law, both same sex and opposite sex couples who enter into a civil union would receive these benefits:

            Financial: liability for each other's debts; potential duties to provide financial support during a relationship and after a break-up; rights to own property jointly in ways that provide some protection against creditors; access to courts and the legal procedures for managing the ending of a relationship;

            Medical/Death: rights relating to emergency medical decisions and hospital visitation; health insurance and pension benefits for partners of public employees; economic protections, such as inheritance rights; rights regarding burial, autopsy and disposition of remains; rights to bring wrongful death and other claims that depend upon a state conferred status; rights to receive workers' compensation benefits if a partner dies in the workplace; etc.
            [...]

            Comment


            • #21
              Re: Civil Unions

              Originally posted by tutusue View Post
              I wonder if I should reply and refer him back to the bill!
              He's probably already well aware that he hasn't really read the latest version of the bill... best case is that someone on his staff (if he has a staff) briefed him on it without going through the gory details.
              Youth may be wasted on the young, but retirement is wasted on the old.
              Live like you're dying, invest like you're immortal.
              We grow old if we stop playing, but it's never too late to have a happy childhood.
              Forget about who you were-- discover who you are.

              Comment


              • #22
                Re: Civil Unions

                (see posting below)
                Last edited by anapuni808; June 15, 2010, 07:47 AM.
                "Democracy is the only system that persists in asking the powers that be whether they are the powers that ought to be."
                – Sydney J. Harris

                Comment


                • #23
                  Re: Civil Unions

                  I checked with my Represtative last night and she replied the same as Brower. It does include opposite sex couples. The house voted to reconcile their bill HB444 with the Senate version of the bill. The senate version includes opposite sex couples and same sex couples. If they would not have voted to reconcile their bill to the senate, the whole thing would have to go back to committee and require another vote in both houses of the legislature. and it would have been dead for another year. Here is my email to her:

                  "I have a question about HB 444 that I hope you can answer. My understanding is that the House passage was meant to agree with the Senate version of the bill so that it would not have to go through any more committee hearings. Is this correct? And my understanding of the Senate version of the bill was that it would also include opposite-sex couples. Is that correct? The reason I’m asking is because I’ve been participating in an online discussion and I want to be sure of my facts."

                  and here is her response:

                  "Yes to both questions. There were, of course, concerns about the effective date - the Senate attempted to amend this which could have cleared up some issues, but failed on the Senate floor. If the House had disagreed to the Senate amendments, then the bill would have gone into conference committee and would have required another floor vote in both the House and Senate"
                  "Democracy is the only system that persists in asking the powers that be whether they are the powers that ought to be."
                  – Sydney J. Harris

                  Comment


                  • #24
                    Re: Civil Unions

                    Thanks, anapuni. Here's what I wrote to Rep. Brower:

                    "Thank you for your update. I'm curious about something. According to HB 444, opposite sex couples are not eligible for civil unions (see below). Is there now an updated version of the bill to include opposite sex couples? Or, am I misunderstanding something?!"

                    I've not heard back!

                    Comment


                    • #25
                      Re: Civil Unions

                      Originally posted by Kaonohi View Post

                      From HB 444:
                      Part of the misunderstanding is this link is referencing a bill from the 2009 session and not the 2010 session.

                      This link shows the bill's status
                      Last edited by helen; June 15, 2010, 10:02 AM.

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                      • #26
                        Re: Civil Unions

                        Thanks, all, for bringing me up-to-date.

                        This is important because my cat and my Chuauwieniee just got engaged.

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                        Last edited by Kaonohi; June 15, 2010, 02:09 PM. Reason: Photogenetica
                        Be Yourself. Everyone Else Is Taken!
                        ~ ~
                        Kaʻonohiʻulaʻokahōkūmiomioʻehiku
                        Spreading the virus of ALOHA.
                        Oh Chu. If only you could have seen what I've seen, with your eyes.

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                        • #27
                          Re: Civil Unions

                          I appreciate Helen's posting because it serves as a reminder to all of us. When posting, we all need to be sure of our facts before we post. Its so important because a lot of us here (and I'm including myself) have strong opinions and if we are trying to convince others to share our opinions - we damn well better know what we're pontificating about!
                          "Democracy is the only system that persists in asking the powers that be whether they are the powers that ought to be."
                          – Sydney J. Harris

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