Marriage Inequality Affects the Health of Black Families.

Marriage Inequality Affects the Health of Black Families.

Marriage Inequality Affects the Health of Black Families

Love is strong medicine.

There is a well-documented correlation between marriage and health status. The peace of mind fostered by loving commitment actually increases general well-being.

On the more practical side, partners often depend on each other for health insurance. Without access to health insurance, late detection of diseases and emergency care may be too little too late. In the case of illness or injury, it is always beneficial to have a trusted partner who can communicate with doctors and provide bedside comfort. Currently, because they are unable to legally marry, same-sex couples in many states often suffer for the lack of these health-related privileges, such as the right to:

· Visit a partner in a hospital intensive care unit or during restricted, “family-only” visiting hours,

· Travel with a partner in an ambulance,

· Share a room in nursing homes,

· Honor a partner’s last wishes regarding organ donation, burial or other final arrangements,

· Make health care decisions for an incapacitated domestic partner,

· Make organ/tissue donations/anatomical gifts of a deceased partner,

· Receive Medicare and disability benefits,

· Receive family rates for health insurance,

· Receive consumer discounts and incentives for medical services offered only to married couples or families,

· Take Family Leave to care for a partner or a partner’s child during an illness, or

· Take bereavement leave if a partner or a partner’s close relatives dies.

Janet Wallace is a Black lesbian. She and her partner, Deborah (Deb) Hart, are plaintiffs in Woo v. California. Janet and Deborah are domestic partners who have been in a relationship together since 1990. “We were introduced by mutual friends at a New Year’s Eve Party in 1989,” Janet says; “Over the succeeding months we fell deeply in love and realized we wanted to live our lives together.” Janet and Deb moved in together in 1991 and in 1992 they held their own private marriage ceremony. “The most important part of our ceremony was our telling each other what we were bringing to the relationship and what we meant to each other. The ceremony remains a very powerful and profound event in our lives.”

Despite the fact that Janet and Deb have been together for over sixteen years, their lack of legal recognition has resulted in numerous instances of discrimination. When Janet had surgery in 1998, she and Deb had to obtain a Durable Power of Attorney for Health Care so that Deb would be able to make medical decisions if necessary.

While Janet and Deb consider themselves lucky to have known of the necessity for such a form, they know that had their relationships been legally recognized they would not have needed it because when couples are married the ability to make decisions is automatic. Similarly, when Janet was laid off from her job in 2000 without health insurance, she was unable to receive coverage under Deb’s health insurance plan because she was not her legal spouse. As a result, Janet had to obtain costly private insurance. Even though Deb’s company now provides modest domestic partner benefits that cover Janet on Deb’s health insurance, her coverage is treated as income by the IRS, whereas married couples do not incur a tax penalty on the value of health benefits.

In addition to these financial burdens, the lack of legal recognition of their relationship has impacted the way their families regard the women’s relationship. As Janet says, “our immediate families fail to acknowledge our relationship as a married couple because they do not want to. They know that our relationship is not legally supported or validated, so they do not have to acknowledge it. We believe that legal marriage would move forward not simply our legal standing as a couple but our standing in the eyes of our family and broader community.”