For those who already got this through lukeii, I apologise, but I wanted to keep spreading the shock…
check out penknife‘s april 28 entry about a charming new amendment to Virginia’s Affirmation of Marriage Act (sorry, I don’t know how to do funky links….)
I’m _so_ glad I’m Australian, but in agreeance with lukeii, am worried as to how much longer til we follow.
Although this is aimed to discriminate against same-sex couples, it also seems to successfully discriminates against _anyone_ who does not wish their blood relative to be benefactors of their wills. How can this possibly be right? Where does it say that people you may _never_ see have a right to all your belongings/savings/insurance etc just because they share the same blood?
And if it does just mean same-sex couples, how does the state determine if the will is for a partner, or simply a friend of the same sex. Agh, I’m confused and disgusted and scared how some places are scooting backwards so damn fast you can barely catch your breath.
An uninspiring response
I don’t mean to disappoint you, but Australian laws permitting gay adoption were recently nearly overturned, and according to the Age, “Cabinet has decided to guard against legal recognition of same-sex marriages by inserting formally into the Commonwealth marriage act the common-law definition of marriage as being between a man and a woman.” [Full article: Gay adoption law to stay, The Age 27/04/2004]
We’re not far away from being partway there, on a federal level. Though, as far as I’m aware, you can still leave your estate to whomever you wish in this country. For now.
Re: An uninspiring response
“you can still leave your estate to whomever you wish in this country. For now.”
Yes and no.
The legal advice we got (being in a same-sex relationship for 6 years and having 2 kids) regarding my wife’s super was she could leave it to me but if her parents challenged that they’d have a bloody good chance of getting it. Because I’m ‘legally’ not her partner.
Very sick.
Not to mention (and continue with an issue you raised) that second parent adoptions aren’t legally recognised here, which is of far more concern to me and my wife than any piddling ‘estate’ we’d leave.
Me and her both have beloved children that are ‘legal strangers’ to us.
You are right, we aren’t that far away from the yanks.