By Jeff Adolph
'Ask a Realtor'
The Office of the General Counsel of the U.S. General Accounting Office lists more than 1,100 itemized benefits the United States government provides to legally married couples. Those include tax breaks on real estate and mortgage transactions and the automatic inheritance of a home in the event of the death of a spouse. The surviving partner in a same-sex union or marriage, for example, may be required to pay estate taxes that amount to as much as 50 percent of the value of their shared property. Legally married couples, by contrast, automatically inherit each other’s property with absolutely zero tax consequences. A gay couple can buy a house together and live in it for decades, for instance, while sharing the mortgage and taxes. But if one partner dies the other can lose their life partner, their savings, and their house – all at the same time – with devastating emotional and financial repercussions.
But the encouraging news is that as the busiest season got underway for residential real estate, lawmakers also got busy conferring GLBT rights in jurisdictions across the nation.
The typically progressive state of California, which briefly sanctioned gay marriage last year, has since backed away from that groundbreaking legislative ruling. But same-sex marriage legislation recently passed in both Iowa and Maine. They join Connecticut, which already legalized same-sex marriages. The Massachusetts high court has already ordered the state to recognize gay marriages, and in Vermont gay marriage legislation passed despite a veto threat from the governor. In Rhode Island, a bill to legalize same-sex marriage has been introduced but is not expected to pass this year.
Governor Patterson of New York has ordered the executive departments of his state to fully recognize same sex marriages from other jurisdictions, and the Washington D.C. Council voted 12-1 to do likewise. But because D.C. is a federal jurisdiction the measure goes to Congress for a 30-day review. House Speaker Nancy Pelosi favors passage of the bill but most political observers expect a fight from conservatives on Capitol Hill.
Meanwhile nearly 700 same-sex unions have been registered in New Hampshire since they became legal there at the beginning of last year, and the state is close to recognizing gay marriage. The New Hampshire state legislature passed a controversial marriage bill in that state in recent weeks, but Governor John Lynch refused to sign it and threatened a veto unless the bill was changed to provide clarified language regarding the role of churches.
"If the legislature passes this language, I will sign the same-sex marriage bill into law," Lynch said. "If the legislature doesn't pass these provisions, I will veto it." Lynch noted that Vermont and Connecticut legalized gay marriage but also put in place stronger measures to protect religious institutions.
The bill has been sent back to lawmakers for revision, but it is likely that once the additional language is added New Hampshire will join the ranks of other pioneering states that have legalized gay marriage. A similar bill was also introduced in Rhode Island but is not expected to come up for a vote until next year.
In Hawaii supporters of a civil union bill succeeded in early May in bringing it to the floor of the Senate for a vote, but within minutes the bill was tabled until next year by a special amendment. So GLBT couples in Hawaii will have to continue their wait for next year’s legislative session. The somewhat limited bill, if passed, will grant gay and lesbian couples all the legal benefits of marriage – without the right to legal marriage. New Jersey already follows a similar law, giving identical rights to gay unions that it confers upon married couples – but without actually legalizing same-sex marriages.
Elsewhere, Utah Attorney General Mark Shurtleff is in a public debate with the state’s governor, Jon Huntsman, regarding the constitutionality of same-sex marriages and civil unions. Governor Huntsman, who enjoys high approval ratings in Utah, has already announced his support for same-sex civil unions and a package of basic GLBT rights proposals.
While state initiatives like these are certainly encouraging to supporters of GLBT rights, they nonetheless have a less significant impact in terms of equal rights for GLBT couples. That’s because the federal government still abides by the so-called Defense of Marriage Act. Passed by Congress back in 1996, the Act prohibits the United States government from recognizing same-sex marriages, and that effectively denies GLBT couples any federal benefits. Those kinds of national government benefits cover everything from Social Security payments and IRS taxation to rules that determine whether or not the same-sex spouse of someone in the United State military can shop at a government department store located on a military base.
Until same-sex marriages have the full support of the United States government, systematic GLBT discrimination continues. But it does appear that a domino effect in favor of same-sex marriages is gaining unstoppable momentum in 2009.
To find real estate and mortgage professionals dedicated to support of the GLBT community, visit www.GayMortgageLoans.com and www.GayRealEstate.com, or call toll free 1-888-420-MOVE (6683).
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