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Cool. This has clarified something for me.
Z. de Scathach wrote:
why should I have had to jump through all of those hoops in order to have a right that is automatically given to a spouse? The bottom ine is that if I did not file all of that paperwork, I could be kept from visiting her
and I was just about to say "Well, you have to file paperwork/ jump through hoops to get married, you know: a wedding certificate is just as much a legal document as a power of attorney", when Ganesh pointed out that:
these "major rights" are available to my partner and me - if we don't mind accepting major hassle and, in some cases, major financial outlay, in order to establish the same degree of security which is freely available to both my sisters (one married, one unmarried, both with more legal rights than myself)
(This links into something I wanted to say about the limits and usefulness of 'privilege' as an analytical tool but I'm not sure I have the energy just now...)
So... I suppose what I would ideally like to see, and what I would be willing to campaign for, is a much more mix-and-match legal system, as it were. One where the range of legal rights and privileges that individuals need to protect the financial and affective networks that they have built up is on offer to anyone, and is on offer as a broken-down range of different things, not as a package that assumes that the person you fuck is the same as the person you want to coparent with, live with, and leave your pension plan to. You know, like when you can choose what vows to make in a wedding, or draw up a prenuptial agreement - you could choose a particular configuration of rights depending on what the real status of your relationship(s) were (X gets custody of the children, Y gets the house, all three of us affirm our sexual commitment to each other without pledging fidelity; 'adultery' will not be valid legal grounds for dissolution of this contract). That would be a way of addressing both Ganesh's points and my own worries. Once again, I'm ripping a lot of this off the lovely Drucilla Cornell, who wants to put in place a legal system that can, for example, allow for three women who are not in a sexual relationship with each other to register as the legal parents of a child they are raising. (In other words, why shouldn't you marry your best friend for financial reasons? What does sex have to do with your financial arrangements? Should all marriages where the spouses no longer have sex be declared invalid by the State, or only marriages where they never had sex? Etc.)
Oh - and I should say, because I've only said it in throwaway lines or parentheses so far in this thread, that I think it's absolutely, self-evidently wrong that same-sex couples should not have the same legal rights as mixed-sex ones. It's just the basis on which we should campaign for the extension or redefinition of rights that I have a problem with - cf the "Hey! Gays are just like us regular normal people!" argument cited above. |
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