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GLAD 在争取婚姻平等的斗争中扮演了什么角色？

同性恋者反歧视联盟 (GLAD) 领导了美国争取婚姻平等的斗争。起初，许多州并没有允许同性伴侣结婚，而是赋予他们与婚姻完全相同的州权利、保护和责任，但却称之为民事结合或注册同居关系。

同性恋者联盟争取婚姻平等的斗争始于佛蒙特州的一场诉讼， 贝克诉佛蒙特州同性恋者反歧视联盟（GLAD）赢得了诉讼，但佛蒙特州最高法院允许立法机构决定如何执行该裁决。佛蒙特州立法机构没有允许同性伴侣结婚，而是创建了民事结合。GLAD随后于2004年在其诉讼中首次在美国为同性伴侣赢得了婚姻权利。 古德里奇诉公共卫生部.

随后是：

Maine approved domestic partnerships in 2004, which provided some of the protections of marriage
civil unions in Connecticut in 2005
GLAD 的诉讼， 克里根诉公共卫生专员案, won marriage rights for Connecticut same-sex couples in 2008
civil unions in New Hampshire in 2008
Vermont provides marriage for same-sex couples in 2009
Vermont no longer allows civil unions but does not convert its civil unions into marriage in 2009
marriage in New Hampshire in 2010
Connecticut converts all its civil unions into marriage in 2010
conversion of New Hampshire civil unions to marriage in 2011
civil unions in Rhode Island in 2011
marriage in Maine in 2012
marriage in Rhode Island in 2013
civil unions in Rhode Island ended in 2013, but existing civil unions were not converted into marriage

在联邦层面，国会通过了 婚姻保护法（DOMA） in 1996. DOMA was a preemptive attack on same-sex couples stating that if same-sex couples were ever allowed to marry, the federal government would not recognize those marriages. On June 26, 2013, the U.S. Supreme Court decision in 美国诉温莎案 称《婚姻保护法》违宪，同性已婚夫妇首次能够获得联邦福利。

最后，在 奥贝格费尔诉霍奇斯案2015年6月26日，美国最高法院裁定美国宪法保障同性伴侣结婚的权利，从而在全国范围内实现了婚姻平等。同性恋者反歧视联盟（GLAD）的玛丽·博诺托（Mary Bonauto）代表原告参加了口头辩论。 奥贝格费尔，美国所有 50 个州都必须向同性伴侣颁发结婚证，并且所有州都必须尊重在其他司法管辖区内进行的同性伴侣婚姻。

Can same-sex couples marry in Massachusetts?

Yes. In an historic decision, the Massachusetts Supreme Judicial Court ruled on November 18, 2003, that same-sex couples have the right to civil marriage in Massachusetts. The holding in GLAD’s case, 古德里奇诉公共卫生部, was the first of its kind in this country by a state high court. Marriages began to take place in Massachusetts on May 17, 2004. For information about how to get married in Massachusetts, see: Getting Married in Massachusetts | Mass.gov.

其他州和联邦政府会尊重我的婚姻吗？

是的。 奥贝格费尔诉霍奇斯案 decision guarantees that all states and the federal government must treat same-sex married couples identically to different-sex married couples. That means that all the protections, rights, and obligations that states and the federal government provide to different-sex married couples must also be provided to same-sex married couples.

Does Massachusetts respect civil unions and registered domestic partnerships from other states?

Yes. The Massachusetts Supreme Judicial Court has ruled that Massachusetts courts must give the same respect to civil unions and registered domestic partnerships as marriages, with rights and obligations functionally identical to marriage.

如果我的配偶去世，我可以获得社会保障遗属福利吗？

是的，因为如上所述，同性已婚夫妇有权享受异性已婚夫妇享有的所有福利。

然而，直到 奥贝格费尔诉霍奇斯案 decision on June 26, 2015, many same-sex couples lived in states where unconstitutional marriage laws prevented same-sex couples from getting married. So when their spouse passed away, they could not meet the Social Security survivor benefit condition of having been married for nine months.

为了纠正这种不公平现象，Lambda Legal 提起了两起诉讼， 伊利诉索尔案 和 Thornton v. Commissioner of Social Security, 并成功为从未结婚的同性伴侣申请社会保障遗属福利（伊利诉索尔案) or were finally able to marry but were married less than nine months when their spouse passed away (桑顿诉社会保障专员案).

These two rulings allow same-sex couples to apply because discriminatory state laws excluded them from marriage, and consequently were not eligible to apply for Social Security survivor benefits. However, the success of that application rests on providing enough documentation to prove to Social Security that they did not meet the nine-month requirement only because of the discriminatory state laws.

The following link gives more detailed information and has FAQs for each lawsuit, and lists some of the ways you might be able to provide the documentation needed to qualify for the survivor benefit: 因违宪的州婚姻法而被排除在社会保障遗属福利之外的同性伴侣和配偶的相关信息 | Lambda Legal.

如果我们需要结束婚姻该怎么办？

后 奥贝格费尔诉霍奇斯案, same-sex spouses everywhere can dissolve their marriages on the same terms as different-sex spouses. Massachusetts explicitly applies its divorce statutes to same-sex couples.

However, spouses should note that when Massachusetts courts divide marital property and award alimony, one of the factors a judge considers is length of marriage. Unfortunately for spouses whose partnership pre-dates marriage equality, the length of the marriage may not accurately reflect the true length of the relationship, resulting in an unbalanced division of assets. With regards to alimony, Massachusetts courts may (but are not required to) consider a couple’s premarital cohabitation if there is evidence of economic partnership. If you are going through divorce proceedings in Massachusetts and believe your division of assets may be unfairly affected by the length of the marriage, contact GLAD Answers for referrals to attorneys in GLAD’s Lawyer Referral Service.

What steps can a couple take to legally safeguard their relationship in Massachusetts?

Various legal documents can protect a couple’s relationship, regardless of whether the couple has no formal legal relationship or is already in a marriage.

关系协议或合同： A couple has the option of drafting a written cohabitation agreement, outlining their respective rights with regards to property, finances, and other aspects of their relationship. The Massachusetts Supreme Judicial Court has held that ordinary rules of contract law generally enforce and respect these agreements. Although such agreements may concern the custody and support of children, a court will not uphold any agreement it finds to go against the child’s best interests. Finally, couples should note that if they eventually marry, a previous relationship agreement will likely no longer be valid, and any post-marital agreement will be enforceable only to the extent that it is fair and equitable to both parties.

授权书： A couple can choose to grant each other the durable power of attorney, allowing one partner to make financial decisions on the other’s behalf in the event of incapacity or disability. The requirements are minimal: any competent person may appoint another person as their “attorney-in-fact.” If no such appointment is made, a family member will be empowered to make decisions for the incapacitated individual.

If one partner is incapacitated or disabled, the other partner may petition the court to be appointed as their guardian to make decisions on their behalf. Unless good cause dictates otherwise, a court should grant guardianship to whoever has durable power of attorney over the incapacitated person. Thus, couples are encouraged to grant each other durable power of attorney if they believe guardianship will one day be necessary. It is important to note that a court can reject an individual’s choice only for good cause—a court should not substitute its own judgment just because a family member objects to the appointment.

Health Care Proxy: A couple can also choose to appoint each other as health care proxies, allowing them to make medical decisions on one another’s behalf in the event of an emergency. Absent a health care proxy appointment, medical care providers look to next-of-kin to make health care decisions for an incapacitated individual. Thus, if an unmarried couple wants to make decisions for one another, they need a healthcare proxy. Healthcare proxies can be revoked at any time, either by creating a new healthcare proxy or by a clear expression of revocation. People often give a copy of the health care proxy to their doctors, and sometimes to family members. You can find a sample Health Care Proxy form here: Massachusetts Medical Society: Health Care Proxy Information and Forms.

将要： Without a will, a deceased unmarried person’s property passes to (1) their children; (2) their family; (3) if next-of-kin cannot be located, to the state. A will is essential if a person wishes to provide for others, such as their partner. Even if a person has few possessions, they can name in the will who will administer their estate. If a person has children, they can also nominate the future guardian of the child in a will.

葬礼计划文件： A person’s body is given to their next-of-kin upon death. This can mean that a person’s own partner has no right to remove the body or make plans for a final resting place. But if a person leaves explicit written directions giving another person (such as their partner or a friend) control over the funeral and burial arrangements, they can avoid confusion. Some people include these instructions as part of a will, but since a will may not be found for days after death, it is preferable to give the instructions to the person you want to take care of matters, as well as to family members.

Living Will: Within a health care proxy, the individual may insert language stating what the individual wishes about termination of life support, preferences for types of medical care, or limits on the agent’s authority.

Temporary Agent or Guardianship: Parents, particularly those with life-threatening illnesses, may either appoint a temporary agent for a period not exceeding 60 days, or appoint a guardian whose appointment takes effect when the parent dies or cannot care for the child. Within 30 days after the appointment of a guardian, the guardian must petition the Probate and Family Court for confirmation of the appointment. The parent has the right to revoke the powers of the temporary agent or guardian at any point.

一个人是否需要律师来获取这些文件？

GLAD 建议与律师合作处理这些文件。

Although forms are available, they may not be suited to your individual needs and wishes. Moreover, an attorney may be better able to help effectuate your goals, for example, by drafting a will in a way that is more likely to deter a will contest by unhappy family members, or an appointment of a health care agent with precise instructions. In addition, an attorney may help to navigate the legal uncertainties flowing from the areas of overlap between these documents. GLAD Answers can provide referrals to attorneys who are members of GLAD’s Lawyer Referral Service.

如果未婚夫妇分居，关系或合作协议/合同的法律地位是什么？

分居时，如果夫妻双方有关系协议或伴侣关系协议/合同，则将依据其条款进行分割，夫妻双方的资产将按照协议进行分割。如果没有协议，未婚夫妻可能被迫就财产和财务问题进行昂贵且旷日持久的诉讼。

请注意：如果您改变了主意，不再选择您的“事实上的律师”、医疗保健代表、遗嘱受益人或执行人、葬礼策划人、监护人或指定文件下的指定人，则应撤销这些文件（并通知所有获得这些文件副本的人员），并准备反映您当前意愿的新文件。

什么是同居关系？

Although it is a term used in many contexts, “domestic partnership” most often means a status that recognizes an unmarried couple and their children as a family for certain limited purposes, most commonly employee benefits, like health insurance. Some employers still offer these benefits to unmarried couples, although many employers stopped offering these benefits once same-sex couples had the ability to marry.

私营雇主可以提供哪些类型的同居伴侣福利？

Private employers can provide many benefits to domestic partners, such as health insurance, family medical or bereavement leave, equal pension benefits, relocation expenses, or access to company facilities.

Even when employers provide these benefits, though, federal and state laws require different tax treatment of the benefits for domestic partners as compared to spouses. For example, an employee must pay federal and state income tax on the value of their partner’s health insurance benefits (unless the partner is a tax dependent), but a spouse does not. Partners do not qualify as spouses under federally-controlled Flexible Spending Accounts unless the partner is also a tax dependent.

As for pensions, under the Federal Pension Protection Act of 2006, employers may amend their 401(k) plans so that non-spouse beneficiaries may retain the asset as a retirement asset. If a plan is so amended, beneficiaries may “roll over” the 401(k) into an IRA depending upon the employee’s death. In contrast, previous law required the beneficiary to take and pay income taxes on the 401(k) as a lump sum.

然而，联邦法律在养老金方面仍然存在其他歧视性方面。如果同居伴侣决定指定他人为养老金受益人，同居伴侣无权签字，但配偶则拥有该权利。此外，同居伴侣也没有与配偶同等的权利，在其伴侣指定他人领取遗属抚恤金的指定上签字。

有孩子的同性伴侣分手后应该遵守什么标准？

有孩子的同性伴侣分手后应该：

Support the rights of LGBTQ+ parents
Honor existing relationships regardless of legal labels
Honor the children’s existing parental relationships after the breakup
Maintain continuity for the children
Seek a voluntary resolution
Remember that breaking up is hard to do
Investigate allegations of abuse
Not allow the absence of agreements or legal relationships to determine outcomes
Treat litigation as a last resort
Refuse to resort to homophobic/transphobic laws and sentiments to achieve a desired result

For more detailed information about these standards, visit Protecting Families: Standards for LGBTQ+ Families.

法院通常如何做出监护权裁定？

When a married couple divorces, the parties are encouraged to make their own agreement about custody and visitation. If they can’t reach an agreement, a Superior Court judge will make a custody and visitation determination based on the child’s best interests. A court considers all relevant factors, keeping in mind a child’s growth, development, well-being, and the continuity and stability of their environment.

In all contested cases, the judge will appoint a family relations officer to investigate in order to help the judge arrive at a decision. The investigation can touch on matters of “parentage and surroundings of any child, [the child’s] age, habits and history, inquiry into the home conditions, habits, and characters of his parents or guardians and evaluation of his mental or physical condition.”

监护权有不同的种类吗？

是的，四种：

“唯一法定监护权” 意味着只有一位家长有权为孩子做出重大的人生决定，包括教育、医疗以及情感、道德和宗教发展等问题。
“共同法定监护权” 意味着父母双方都参与并做出这些决定。
“单独监护权” means that a child lives with and is supervised by only one parent, subject to reasonable visitation with the other parent, unless a court finds that visitation is not in the child’s best interests.
“共同监护” 意味着孩子与父母双方居住在一起，并能确保与父母双方经常接触。

如果我与前任异性恋伴侣育有一子，而我现在与同性伴侣有关系，我的前任可以在监护权诉讼中利用我的性取向来对付我吗？

As stated above, Massachusetts courts base custody arrangements on the child’s best interests. Generally, a parent’s sexual orientation or marital status should not affect a child’s best interests.

Nevertheless, your former partner may try to argue that your sexual orientation is detrimental to your child. Many reasons can be cited, such as that the LGBTQ+ parent’s sexual orientation is causing other people to tease or ostracize the child, that the parent is a “bad role model,” or that the parent’s new partner is not “good” for the child. In the overwhelming majority of circumstances, these matters can be answered to the satisfaction of a judge in a way that does not penalize the gay parent or the child. Contact GLAD for further resources for dealing with such a situation.

如果孩子因为父母是同性恋而被嘲笑，这算是对孩子的伤害吗？

It shouldn’t be. One of the additional responsibilities of being a gay or lesbian parent is helping one’s children deal with this possibility or reality. Of course, others can tease children about everything from the size of their ears to their parents’ accent, to their lack of fashion sense. All parents need to help their children develop coping mechanisms and strategies when peer harassment arises.

就法律问题而言，美国最高法院的一个案例尤其具有启发意义， 帕尔莫尔诉西多蒂, in which the U.S. Supreme Court reversed a Florida court’s change of custody from the mother to the father. The court switched custody because the white mother was involved with a Black man she later married. The Supreme Court acknowledged the reality of bias and prejudice and that others might tease the child. However, it refused to cater to those prejudices or give them the force of law by changing the previous custody arrangement. In a statement of constitutional principle applicable to all, the Court unanimously stated, “The Constitution cannot control prejudices, but neither can it tolerate them. Private biases may be outside the reach of the law, but the law cannot, directly or indirectly, give them effect.”

如果我的前任在我们分手前知道或怀疑我是 LGBTQ+，这有关系吗？

It may make a difference for future modification of court orders for custody. People can seek to modify court orders for custody when a change in circumstances alters the child’s best interests. Your former spouse may not have known your sexual orientation or gender identity at the time of the court proceedings but learned of it later. In that case, they may argue that this is a change of circumstances and that the custody issues should be litigated anew.

当然，如果一方配偶或前异性恋伴侣在法院审理确定监护权时知道另一方的同性恋倾向，那么以此为由提出修改请求就毫无意义。

当我的伴侣在场时，法院可以阻止我的孩子探望吗？

探视限制本身就值得怀疑。在 劳伦斯诉德克萨斯州, the U.S. Supreme Court did more than decriminalize sexual acts. It acknowledged the right of gay people to form and sustain loving personal relationships and lead their private lives free of government restrictions and legal condemnation. Since gay people may make “personal decisions relating to… family relationships [and] child rearing,” custody and visitation restrictions must be handled accordingly. Mere differences in moral values between a court and a parent, presumptions about a gay parent’s conduct, or “social condemnation” of their relationship should no longer be permissible factors, if they ever were.

Courts have the power to do this but should not do so unless it is clearly in the best interests of the child. Connecticut courts have rejected the notion that any particular lifestyle, in and of itself, will harm a child, and so will insist on specific proof.