GAY-MARRIAGE DEFEAT PUTS LEGAL ARRANGEMENTS IN QUESTION: From the Louisville Courier-Journal

...Leaders on both sides of the amendment fight have said couples like Crossen and Callahan don't have anything to fear, because laws governing contracts and similar legal documents are separate from laws about marriage.

But legal observers and advocates on both sides also say the courts ultimately may decide what's affected by the amendment.

"People sort of make assumptions that once they have an arrangement in place, once they've signed papers, once they've talked to a lawyer, that they're safe," said Sam Marcosson, a professor of constitutional law at the University of Louisville and an advocate for gay legal rights. "That's not a safe assumption now."

Unmarried couples "ought to look at their documents and make sure the rights are not phrased in a way that references marital rights," such as referring to each other as spouse, husband or wife, he said. ...

Kent Ostrander, who led the pro-amendment Vote Yes for Marriage coalition and helped draft the amendment, said that language should not affect individuals' contracts.

And he said amendment advocates "don't plan on tracking things down" and challenging contracts.

But Carolyn Bratt, a University of Kentucky law professor and an advocate for gay legal rights, noted that judges--not activists--have the final say on what the amendment means. ...

Still, contracts cannot match all of the rights that come with a marriage license.
For example, one unmarried partner cannot sue over the wrongful death of the other. And if one unmarried partner in a relationship dies, the other cannot receive Social Security payments as a survivor, no matter how long they lived together.

Callahan, a professor of philosophy and director of the women's studies department at the University of Kentucky, also noted that she cannot put Crossen on a health insurance plan through the university.

No Kentucky public university --nor any local government agency in the state--has offered such benefits to unmarried partners of employees. And all sides agree the amendment shuts that door for the future, although private companies could offer such benefits.

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posted by Eve at 6:45 PM VOTE

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