Super Lawyers
William C. Altreuter
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Friday, August 06, 2004

From Slate, the best argument in support of same sex marrage I've seen: "Every heterosexual marriage has two partners, A and B. Some of the benefits, like tax benefits, are mutual – they apply to both A and B as a unit. Some of the benefits only apply when partner A has done something (like dies). In those cases, the benefits "springs" on B and B alone.

"In either instance, the sex of A or B is completely irrelevant. If A is male, female B gets spousal immunity. If A is female, male B gets survivor benefits. And visa versa.

"This is the key point in the debate over same-sex marriages. If it doesn't matter whether B is the male or female in a heterosexual relationship, then why does A's sex even matter? More technically, why is it rational to think that a male partner of a female deceased can make a burial decision that a female partner of a female deceased cannot? Answer: It isn't rational to think that."

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