Breaking the Spell: Rethinking queer community

[citybutch]

Hey Toughy...

*hugs* and hope all is well.... Your hugs and support remain with me.

I just want to say that marriage IS a function of the State... In fact, it always has been...

And unfortunately the benefits of marriage are not accomplished through contract law.

Even with appropriate legal planning we miss out on so many things including but not limited to:

Social Security benefits
Pension Benefits
Tax advantaged group health care benefits
Tax free transfer of property benefits (whether alive or dead)
Unlimited Marital Deduction
Gifting Issues on Real Property and other forms of property
Family Leave Benefits
Joint Tax filings (or not)
Immigration benefits
Medicaid (Medical) benefits and spend down limits

And on and on...

Basically the property laws of our country are based on British (common) and Spanish (community property) law (and there is Louisiana which is based in Roman or Civil law). To disrupt the law would mean undoing centuries of Western European civil discourse... literally.... and something that because of colonialism has literally spread across the planet. Sadly, it is not based in US history... nor is it symptomatic of our current society... rather it is endemic to the understanding of how we interact with each other. For example, common law is based on how we understand how we SHOULD interact with each other. Civil law, on the other hand, is based on how we interact with each other being mandated by law. They are different world views as far as HOW the social contract is established.

Originally Posted by Toughy

I think marriage as an issue is the epitome of assimilation. The revolutionary thought is marriage is a sacred spiritual bond and as such has no place in government recognition. All of the benefits of civil marriage are actually legal benefits that include right of survivorship and transfer of property. All of those things can be accomplished by way of legal contracts. Civil marriage does not guarantee the contract will be honored, so what is the frigging point? Legal contracts in the form of marriage and death benefits are contested on a daily basis everywhere in this country. Pre-nups are common to protect the interests of each party..........again legal contracts.

I want a radical shift in social organizing. Marriage is NOT the business of the State. Benefits of any individual should go where the person wants...period. The US has some fucked up ideas about Social Security and health care. Women are treated as second class citizens because of marriage. A woman stays at home and the husband works, and she only gets benefits because of her husband. She is not a whole human being and the value of her work in the home is void. Women who are married part of their life and hold no outside job get nothing because they did not pay into Social Security. They worked their entire lives and if hubby decides after 20 years of marriage he is done...........she gets nothing if she cannot afford a good lawyer.

If we are going to rethink queer, then we must rethink not queer. If we are ever to defeat the patriarchy then we must not use patriarchal value systems. A woman who stays at home and raises children deserves decent pay for her work for society and deserves more than cat food when she is to old to have and raise the children and grandchildren.