Below , the elements of public policy towards marriage have been classified according to the following :
1) LNG – negative wright – Libertarian action of government to establish a Negative liberty from Government
2) ANP – positive wright – Authoritarian action of government to establish a Negative liberty from a Private entity
3) APG – positive wright – Authoritarian action of government to establish a Positive liberty through a Government endowment
3) APP – positive wright – Authoritarian action of government to establish a Positive liberty through a Private endowment
Feel free to contest any specific classification and relate whether the public policy should be available to any specific style of civil contract (eg. polygamy , polyandry , commune , homosexual , heterosexual ; and just because immigrant affirmative action based upon a “minority” status exists – miscegenation ) .
**LNG , ANP , APG , APP Annotations of GAO Statutory Provisions**
According to the United States Government Accountability Office (GAO), there are 1,138 statutory provisions in which marital status is a factor in determining benefits, rights, and privileges. These rights and responsibilities apply to only male–female couples, from the 1996 Defense of Marriage Act (DOMA), defining marriage as between a man and a woman.
Rights and benefits
- Right to benefits while married:
- employment assistance and transitional services for spouses of members being separated from military service; continued commissary privileges – APG
- per diem payment to spouse for federal civil service employees when relocating – APG
- Indian Health Service care for spouses of Native Americans (in some circumstances) – APG
- sponsor husband/wife for immigration benefits – APG
- Larger benefits under some programs if married, including:
- veteran’s disability –APG
- Supplemental Security Income –APG
- disability payments for federal employees – APG
- Medicaid –APG
- property tax exemption for homes of totally disabled veterans – LNG or APG ?
- income tax deductions, credits, rates exemption, and estimates – LNG or APG ?
- wages of an employee working for one’s spouse are exempt from federal unemployment tax –LNG or APG ?
- Joint and family-related rights:
- joint filing of bankruptcy permitted –APG
- joint parenting rights, such as access to children’s school records –APG
- family visitation rights for the spouse and non-biological children, such as to visit a spouse in a hospital or prison –ANP or APP ?
- next-of-kin status for emergency medical decisions or filing wrongful death claims – APG
- custodial rights to children, shared property, child support, and alimony after divorce –APG or APP or LNG ?
- domestic violence intervention –ANP or APG
- access to “family only” services, such as reduced rate memberships to clubs & organizations or residency in certain neighborhoods -APP
- Preferential hiring for spouses of veterans in government jobs –APG
- Tax-free transfer of property between spouses (including on death) and exemption from “due-on-sale” clauses. –LNG and ANP or APP ?
- Special consideration to spouses of citizens and resident aliens -APG
- Threats against spouses of various federal employees is a federal crime -ANG or APG ?
- Right to continue living on land purchased from spouse by National Park Service when easement granted to spouse
- Court notice of probate proceedings –APG
- Domestic violence protection orders –ANG or APG ?
- Existing homestead lease continuation of rights –APP
- Regulation of condominium sales to owner-occupants exemption –APP
- Funeral and bereavement leave –APP
- Joint adoption and foster care –LNG
- Joint tax filing –APG
- Insurance licenses, coverage, eligibility, and benefits organization of mutual benefits society – APP
- Legal status with stepchildren –APG or APP
- Making spousal medical decisions –LNG or ANP or APP?
- Spousal non-resident tuition deferential waiver – APP
- Permission to make funeral arrangements for a deceased spouse, including burial or cremation –LNG or ANP or APP ?
- Right of survivorship of custodial trust – LNG or ANP or APP ?
- Right to change surname upon marriage – LNG
- Right to enter into prenuptial agreement -LNG
- Right to inheritance of property -LNG
- Spousal privilege in court cases (the marital confidences privilege and the spousal testimonial privilege) -LNG ?
- For those divorced or widowed, the right to many of ex- or late spouse’s benefits, including:
- Social Security pension –APG
- veteran’s pensions, indemnity compensation for service-connected deaths, medical care, and nursing home care, right to burial in veterans‘ cemeteries, educational assistance, and housing -APG
- survivor benefits for federal employees -APG
- survivor benefits for spouses of longshoremen, harbor workers, railroad workers – APG or APP ?
- additional benefits to spouses of coal miners who die of black lung disease – APP
- $100,000 to spouse of any public safety officer killed in the line of duty
- continuation of employer-sponsored health benefits -APP
- renewal and termination rights to spouse’s copyrights on death of spouse -AGP
- continued water rights of spouse in some circumstances -APP
- payment of wages and workers compensation benefits after worker death -LNG
- making, revoking, and objecting to post-mortem anatomical gifts– LNG or ANP or APP ?
- Spousal income and assets are counted in determining need in many forms of government assistance, including:
- veteran’s medical and home care benefits –APG ?
- housing assistance –APG ?
- housing loans for veterans –APG?
- child’s education loans -APG?
- educational loan repayment schedule –APG?
- agricultural price supports and loans –APG?
- eligibility for federal matching campaign funds –APG?
- Ineligible for National Affordable Housing program if spouse ever purchased a home: –APG ?
- Subject to conflict-of-interest rules for many government and government-related jobs –APG?
- Ineligible to receive various survivor benefits upon remarriage –ANP?
- Providing financial support for raising children born of the marriage. -APP?