Re: Va. AG's office: Gay marriage ban unconstitutional
What "benefit, privilege, or right" is banned here?
Here are a couple.
1. My wife works for a State University, as her spouse, when we retire I'm eligible to receive a portion of her retirement under Survivor Benefits. That cannot be contracted and it is not eligible even to a legal spouse of the same gender (but since I'm a different gender it is.)
2. Under Virginia law as a Civilly Married couple I am considered her primary beneficiary (and she mine), therefore we are automatically the inheritors of the estate. That is not the case for same-sex couples, even if they have a Will - other members of the family can challenge the will in court, something that a married couple does not have to worry about.
3. Since we are legal spouses, then each is eligible (under state law) to be a participant in the others health insurance benefit. A requirement not applicable to same-sex couples. Even then if the employer chooses to provide such coverage then. Even if they do offer such coverage the premiums are not treated the same. For my wife and I the premiums are considered a non-taxable benefit, however for a same-sex couple the additional premiums (even if paid by the employer) are considered taxable income for the employee changing their "income" and therefore "taxes" owed.
4. As previously mentioned "spousal privilege" is not available under contract, only to legal spouses.
5. Often Veteran's Cemeteries are administered by the State in conjunction with the Department of Veteran's affairs. Veteran's (which I am) are eligible for a cemetery plot in a Veteran's Cemetery and their legal spouse is also eligible for internment next to their spouse. This is available only under Civil Marriage, not private contract.
6. States have what are called "Assumed Parentage" laws whereby when a woman gives birth to a child, the legal spouse is automatically a legal parent. This cannot be duplicated through a "contract", in the case of a same-sex couple - the other "parent" would have to go through lengthy and expensive adoption procedures to become a legal parent.
Those are a few off the top of my head.
The bolded part does not negate thr vast majority of contracts existing outside the state.
Again you miss the point, there are no legal contracts that exsist "outside the state", all legal contracts exist within the structure of state law as the state is the enforcer of contracts. If a party renegs on a contract, the other party then obtains enforcement of the provisions through the judicial system - a part of the state government.
>>>>