We’re constantly making plans — to get a better job, finish school, find ways to save money and make time for family. Creating plans helps us reach our goals and organize life's priorities. But even for goals we sincerely hope to accomplish, there are some areas of life planning we tend to put off because they seem complex or unpleasant — like drawing up a will, for example, or deciding who will make medical decisions for us in the event of an emergency. Curiously, it's often the things we most resist that we most need to accomplish. No matter how difficult, though, it’s necessary that everyone take steps to plan for these events.
Ben Franklin once said: In this world nothing is certain but death and taxes. But for lesbians, gay men, bisexuals, transgender people and people living with HIV, there’s an added certainty -- you must take extra measures in life and estate planning to protect yourself and your loved ones from the potentially devastating effects of a biased system.
Avoid taking these measures, and the consequences can end up hurting you and the people you love most. But look at it this way: with life serving up so many uncertainties, protecting yourself with a few legal documents can be one of those times in life where you get to have things exactly the way you want.
If creating and understanding legal documents is unchartered territory for you, Lambda Legal is offering a new free tool kit, “Take the Power: Life and Financial Planning”, to help you create a more secure future for yourself and your family.
The Marriage Factor
Though everyone should lay down basic plans for the unexpected, same-sex couples and their families are particularly vulnerable because the law often discriminates against them.
At last count, the U.S. General Accounting Office reported 1,138 federal rights, protections and benefits that come with marriage. That means heterosexual married couples automatically receive these rights and protections just by saying "I do", while same-sex couples do not. Married people, for example, do not normally encounter legal problems when trying to keep their home, a joint savings account or retirement assets if a spouse dies — and they may keep or inherit these things without paying one cent of tax.
In recent years many same-sex couples across the country have made crucial inroads in the struggle for marriage equality. This does not mean that couples with domestic partnerships, civil unions or even marriages are in the clear. The federal government and many states still require discrimination against such couples in the sense that the law states marriage is between a man and a woman only. And in these other states with civil union laws and domestic partnership protections, they’re still relegated to a second-class status that invites discrimination from others. So the danger is present at home, when traveling in other states, or in interactions with the federal government.
In addition, transgender people should remember that the issuance of a marriage license is not a guarantee that the validity of their marriage will never be challenged in the future. They should take all possible legal steps to make their relationship more secure, such as executing wills naming their spouse as beneficiary.
Every day, Lambda Legal is taking power in the courts to win fairness and equality for our communities (click here to see some of the cases we're working on). But we still have a long way to go. Until all LGBT people are treated equally, it’s critical that you do everything in your power to protect yourself and your family.
Fortunately you can take the power by creating your own life plan — and Lambda Legal can help. We’ve created Take the Power to help you navigate an unfair system and begin to create a more secure future. Go ahead: Take the Power.
About Lambda Legal
For 35 years, Lambda Legal has been at the forefront of the fight for the civil rights of LGBT people and those with HIV. From the right to be open at work, go to school without fear, be a parent and get the medical care you need, we have been fighting for the life you deserve with the most powerful tool we have: the law. We choose our cases carefully, making sure that each one will affect the greatest number of people and set good legal precedent and educate America on the need for fairness. That way we can make a powerful impact on the lives of as many people as possible throughout the nation.