Gay Divorce Rights

Filed under:Church of Liberalism,Politics — posted by Anwyn on February 21, 2007 @ 4:46 pm

New twist: Gay Oregonian sues state over “right” to have his assets divided with former partner upon breakup. Riiight:

The suit by Adams and his former partner, Greg Eddie, is the fourth suit to say that various Oregon laws violate the state constitution because they provide benefits to married couples only. In this case, state law prevents Adams from giving a share of his public pension to Eddie as part of a split of their assets as a divorcing couple would.

In other words, the suit is brought not by a partner who can’t get financial support after a breakup because he’s gay, but by both partners, spearheaded by the partner whose assets are at stake.

Ever watch that South Park episode about Mormons? The refrain of the little narrative song often recurs to my mind about political issues: “Dumb-dumb-dumb-dumb-duuumb!!”

In other words, their suit contends that what is considered a penalty for married couples, dividing up even singly-earned assets upon divorce, is now to be considered a “right” and sued for accordingly.

Moreover, support between married couples is intended not as a penalty (even though it can become so among childless, dual-career couples) but as what it’s actually called–support, if one partner has less or qualified earning power because of actions taken jointly as a couple, as Kate has pointed out before. So you tell me by what possible standard a male gay couple with no children could make a case for “support” as a “right.”

Cross-posted at Electric Venom.

image: detail of installation by Bronwyn Lace