Attorney Maureen Murphy spoke about queer legal issues and civil union law in Connecticut at Russell House on Monday. A civil union law specialist, Murphy addressed the new rights awarded to same-sex couples following the passage of the civil union law last April, as well as the obstacles that remain.
Connecticut’s civil union law, officially titled Public Act No. 05-10, grants same-sex couples in Connecticut all of the rights and responsibilities accorded to married couples.
Despite the 558 new rights provided by the Act, Murphy explained that there are still 1138 federal statutes, including Social Security, immigration laws, and federal taxes, where the rights of same-sex couples are dismissed. For example, on federal tax forms, individuals must identify as single or married, with no option for civil union.
“Anything governed by federal law is like this big hand that comes in and [complicates issues],” said Murphy.
Murphy pointed to a number of reasons why it is a bad idea to enter into a civil union, because of the additional problems faced by those couples.
She noted that a couple should only enter into a civil union if they intended to remain in Connecticut or Vermont, the two states that currently permit civil unions.
In states where civil unions are not recognized, one partner cannot visit his or her partner in a hospital’s intensive care unit because it is a privilege reserved for spouses or next of kin. Another such privilege is the ability to bring a partner’s body back if they die in a state that does not recognize civil unions.
Murphy explained that part of her work involves drawing up legal documents for same-sex couples to take with them when they leave the state, in order to overcome some of these obstacles. The documents designate someone to make decisions on each partner’s behalf.
Murphy noted that same-sex couples intending to adopt internationally should not pursue civil unions. No country in the world allows same-sex international adoption, which leads some couples to attempt risky adoption methods. Such methods are especially dangerous given the international laws that prohibit countries from misrepresenting themselves or the status of adoptive parents in cases of international adoption.
According to Murphy, same-sex couples in which either partner is in the military should not enter into civil unions. She alluded to the military’s “don’t ask, don’t tell” policy for homosexuals.
“Entering into a civil union is ‘telling’ in a very public way,” said Murphy, who explained that a civil union creates a public record that is the equivalent of raising a flag and attracting attention to oneself in the military.
Finally, Murphy said that immigrant couples should avoid civil unions as their union could affect either of their resident statuses by putting them in a difficult to define legal gray area, being neither single nor married in the eyes of federal law.
Murphy also talked about the complications involved in dissolving civil unions, especially if the couple has also been married in Massachusetts, the only state to currently allow same-sex marriages. The couple will have to dissolve their union in Connecticut or Vermont, but their Massachusetts marriage will still need to be legally dissolved.
“I’m very aware of this debate of the distinction between civil unions and marriages,” said Rob Mitchell ’06. “The real downfall of civil unions is something that I just had a much looser idea of from a moral perspective, but this [talk brought out] the legal issues [and complications] as well.”
Murphy is a partner in Murphy, Murphy & Nugent, a member of the Connecticut Women’s Education and Legal Fund, and former Vice President and current legal counsel for Love Makes A Family. She is also the recipient of the 2006 New Haven Gay and Lesbian Community Center Dorothy Murphy Award.
Leave a Reply