Classification of Query – Amicus Merit Brief on Same Sex Marriage to the Supreme Court of The United States

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**

Rights and responsibilities of marriages in the United States – Wikipedia, the free encyclopedia

According to the United States Government Accountability Office (GAO), there are 1,138[1] statutory provisions in which marital status is a factor in determining benefits, rights, and privileges. These rights and responsibilities apply to only malefemale 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 privilegesAPG
    • per diem payment to spouse for federal civil service employees when relocatingAPG
    • 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:
  • 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 divorceAPG or APP or LNG ?
    • domestic violence interventionANP 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 rightsAPP
  • Regulation of condominium sales to owner-occupants exemption –APP
  • Funeral and bereavement leave –APP
  • Joint adoption and foster careLNG
  • Joint tax filingAPG
  • Insurance licenses, coverage, eligibility, and benefits organization of mutual benefits society – APP
  • Legal status with stepchildrenAPG 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 cremationLNG or ANP or APP ?
  • Right of survivorship of custodial trustLNG 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 pensionAPG
    • 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 giftsLNG 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 assistanceAPG ?
    • housing loans for veterans APG?
    • child’s education loans -APG?
    • educational loan repayment scheduleAPG?
    • agricultural price supports and loansAPG?
    • eligibility for federal matching campaign fundsAPG?
  • 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 jobsAPG?
  • Ineligible to receive various survivor benefits upon remarriage –ANP?
  • Providing financial support for raising children born of the marriage. -APP?

“Classification of Query – Amicus Merit Brief on Same Sex Marriage to the Supreme Court of The United States”


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