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Originally Posted by JeffLV
The question of why gay couples or otherwise should have their union recognized with the rights of marriage seems to hinge on why the rights for marriage exist in the first place. So I figured this is a good starting point.
Why are unions between a man and woman allowed to legally marry, and why are they given special legal rights and recognition? How do they justify not allowing polygamists and incestial couples to marry? The question of legal rights comes down to the concept of "similarly situated" persons. Namely, if you give a right or privilege to one group, you must give it to all similarly situated people.
If marriage is just a religious union, or if it is just a definition of a union between a man and a woman, why does this therefore make it okay to establish legal rights for these unions over any other?
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Marriage and, as we have in the UK, Civil Partnership for gay couples establishes the chosen partner as the primary next of kin. Everything else comes from that: property rights, inheritance rights, hospital visitation and medical power of attorney. Basically you (the partner) get first call on all decisions not your mum or your aunt or your sister as would be the case if you were not protected by the contract.
It's simply a matter of equality in that two gay people can legally partner in the same way that two straight people can sharing all the same rights and recognition (in our case) in every part of the land.
You simply cannot apply this to polygamy as it would require a separate contract nominating one spouse as principal next of kin and multiple additional contracts establishing property rights etc.
Civil Unions in the US (and marriage in Mass) are not the same as they are only recognised at State level and don't qualify for Federal benefits (and responsibilities) or State-to-State portability.
Marriage or CP essentially creates a new "legal family". In the case of incest you are already in a legal family. There is a pecking order to this kinship which the law would recognise up to a certain distance of relationship after which (first cousins in many places being the boundry) you are free to enter a marriage or CP.