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Essay / Research Paper Abstract
This 3-page paper describes a case study of a gay couple, united under Vermont's civil union laws, and what happens when, traveling in Florida, one member of the couple ends up comatose in the hospital. The paper discusses legally what the other partner's options are, and suggests mediation and alternative resolution as a course of action.
Page Count:
3 pages (~225 words per page)
File: D0_MTgaymar.rtf
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Unformatted sample text from the term paper:
has hit the mainstream of the U.S. Though many countries throughout the world recognize homosexual marriages, the U.S. tends to condemn same-sex unions, believing that marriage and its rights should
be only between a man and a woman. A few states have objected slightly by passing laws. Vermont, for example, is one of a handful of states that allows civil
unions (and rights of benefits to partnerships) between same-sex couples. This particular case study deals with Carlos and Terry, who were married
and who lived in Vermont for five years. While traveling through Florida, Carlos was in a serious car accident, which left him (we assume) in a vegetative state, unable to
exist except on life support. Because Carlos left no provisions to deal with the issue, the doctors turned to Carlos brother, Ben, to make the decision, rather than his partner,
Terry. But Terry is the one who should decide such matters for his "spouse." While it says that the court ruled against
Terry based on the fact that Vermonts marriage act was unconstitutional (and in support of the Defense of Marriage Act, Terrys belief is that the Vermont law needs to be
given full faith and credit, and that the DOMA itself violates the Fifth Amendments Equal Protection Clause as well as the Full Faith and Credit Clause that provides that acts
of one state shall be recognized as valid in other states. The problem here is that Terry doesnt have a leg to
stand on for two reasons. First, Vermonts Civil Union law is specific in that it applies only to Vermont, and cannot be transferred across state lines. Sure, Terry can file
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