The Glazerbeam Civil Union
"...A legal status identical or substantially similar to that of marriage for unmarried individuals shall not be valid or recognized in this state."
Second sentence of a proposed Amendment to the Wisconsin Constitution
The proposed Amendment, passed by the Legislature twice and subject to ratification by the voters this November, would not only bar same-sex marriage in the state but also bar civil unions, which could be considered a "legal status...similar to...marriage." For this reason alone, the Amendment should be rejected.
In my view any two people who want to live together and unite their financial affairs can do so right now under contract law, and their right to do so should not be infringed. To illustrate how this could be done, I have prepared the Glazerbeam Model Civil Union Contract, shown below. Since I am not a lawyer, the document should not be used without legal advice.
THE GLAZERBEAM MODEL CIVIL UNION CONTRACT
I. Declarations: The undersigned contracting parties A and B identified below hereby certify that they are both unmarried competent adults who are not now parties to any other Civil Union. They hereby agree to form a Civil Union with each other in accordance with the provisions stated herein, and will not get married to or form a Civil Union with any other person while this Civil Union shall be in effect.
II. Conformance with Law. Any provision of this document found to be inconsistent with the laws of the state in which the domicile of the parties is located is hereby amended to conform to such laws. The paragraphs labeled "Optional" shall be incorporated into this document only if the initials of both parties are signed before such paragraphs. Any spaces in the document that are left blank shall be understood to mean "zero" or "none".
III. Pre-Union Agreement. (Optional. A____B____) The attached Pre-Union Agreement (PUA) signed by the parties on ___________ shall be incorporated into this document. The provisions of the PUA shall override any conflicting provisions of this document.
IV. Health Care
1. Each party hereby grants the other party unlimited rights to visitation and inspection of medical records at any medical facility or treatment center.
2. If either party shall become incapacitated and unable to make decisions regarding health care, the other party shall be entrusted with making such decisions. Both parties hereby agree to sign legally-binding Health Care Power of Attorney documents effectuating this provision.
3. If either party is covered by health insurance, the insured party hereby agrees to make a good-faith effort to provide coverage for the other party, to the extent that such coverage is permitted by the policy.
V. Finance
1. The parties hereby agree to share a home.
(i) If the home is rented, Party A shall pay _____ percent of the rent and utilities each month and party B shall pay the balance.
(ii) If either party is the owner of the home to be occupied by the parties, the owner hereby agrees to sign a Quit-Claim Deed conveying his or her interest to a joint tenancy of both parties. If the parties acquire a home while this Civil Union is in effect, the parties shall acquire it in joint tenancy. Each month, party A shall pay _____percent of the mortgage obligation plus taxes and utilities, and party B shall pay the balance.
2. (Optional: A____B____) The parties shall establish a joint checking account, and all income of both parties shall be deposited into this account, unless otherwise agreed.
3. (Optional: A____B____) Neither party shall contract debts without the consent of the other party. Each party hereby accepts joint and several liability for all debts contracted by either party or both parties.
4. Except as provided above, each party may hold any form of property, money or other asset in an individual name.
5. Each party hereby agrees to write and sign a valid will with the following provision:
Party A bequeaths to Party B __ percent of the net estate of A.
Party B bequeaths to Party A __percent of the net estate of B.
VI. Minor Children (Optional: A____ B____)
1. (i) Party A has minor children_____________, ages _______ respectively.
(ii) Party B has minor children______________, ages_______ respectively.
2. (i) Party A shall be obligated for ____ percent of the support costs of the minor children of Party B.
(ii) Party B shall be obligated for ___percent of the support costs of the minor children of Party A.
3. Neither party will adopt a child without the consent of the other. Both parties shall have joint and several liability for the costs of supporting any child adopted by the parties while this Civil Union is in effect. This obligation will survive the termination of this Civil Union.
4. (i) If the parties are a man and a woman, any child conceived by the woman while this Civil Union is in effect shall be considered fathered by the male party, unless otherwise determined by a paternity test. If the male party is determined not to be the father, he shall have no obligation to support such child.
(ii) If both parties are women, neither party shall be obligated to support a child born to the other, unless otherwise agreed in writing.
VII. Amendments, Disputes, Termination
1. This document may be amended by written agreement of both parties at any time.
2. If both parties decide to terminate this Civil Union, they shall sign a Termination and Mutual Release (TAMR), which will determine the disposition of any assets held in common or in joint tenancy. If either party has minor children, Termination does not relieve anyone of child-support obligations incurred during the Civil Union unless the other party takes full responsibility for such support in the TAMR. (Note: A TAMR does not revoke a will executed in accordance with this document.)
3. Disputes that may arise regarding the fulfillment of obligations under this document shall be arbitrated by ________________ (if blank, by the Circuit Court of the county in which the domicile is located). Both parties hereby agree to accept the decision of the arbitrator named herein as final, and will not litigate the dispute.
4. If either party leaves the domicile for more than six months without the consent of the other, or otherwise materially violates this agreeement, the other party may petition the Circuit Court for Termination of the Civil Union for cause.
5. The death of a party terminates the Civil Union.
This document was signed by the parties on the date shown below with full understanding of the contents and meaning thereof.
Party A________Party B____________
Signed in our presence this ____ day of ____, in the year 2___:
Witness:________Witness____________
Second sentence of a proposed Amendment to the Wisconsin Constitution
The proposed Amendment, passed by the Legislature twice and subject to ratification by the voters this November, would not only bar same-sex marriage in the state but also bar civil unions, which could be considered a "legal status...similar to...marriage." For this reason alone, the Amendment should be rejected.
In my view any two people who want to live together and unite their financial affairs can do so right now under contract law, and their right to do so should not be infringed. To illustrate how this could be done, I have prepared the Glazerbeam Model Civil Union Contract, shown below. Since I am not a lawyer, the document should not be used without legal advice.
THE GLAZERBEAM MODEL CIVIL UNION CONTRACT
I. Declarations: The undersigned contracting parties A and B identified below hereby certify that they are both unmarried competent adults who are not now parties to any other Civil Union. They hereby agree to form a Civil Union with each other in accordance with the provisions stated herein, and will not get married to or form a Civil Union with any other person while this Civil Union shall be in effect.
II. Conformance with Law. Any provision of this document found to be inconsistent with the laws of the state in which the domicile of the parties is located is hereby amended to conform to such laws. The paragraphs labeled "Optional" shall be incorporated into this document only if the initials of both parties are signed before such paragraphs. Any spaces in the document that are left blank shall be understood to mean "zero" or "none".
III. Pre-Union Agreement. (Optional. A____B____) The attached Pre-Union Agreement (PUA) signed by the parties on ___________ shall be incorporated into this document. The provisions of the PUA shall override any conflicting provisions of this document.
IV. Health Care
1. Each party hereby grants the other party unlimited rights to visitation and inspection of medical records at any medical facility or treatment center.
2. If either party shall become incapacitated and unable to make decisions regarding health care, the other party shall be entrusted with making such decisions. Both parties hereby agree to sign legally-binding Health Care Power of Attorney documents effectuating this provision.
3. If either party is covered by health insurance, the insured party hereby agrees to make a good-faith effort to provide coverage for the other party, to the extent that such coverage is permitted by the policy.
V. Finance
1. The parties hereby agree to share a home.
(i) If the home is rented, Party A shall pay _____ percent of the rent and utilities each month and party B shall pay the balance.
(ii) If either party is the owner of the home to be occupied by the parties, the owner hereby agrees to sign a Quit-Claim Deed conveying his or her interest to a joint tenancy of both parties. If the parties acquire a home while this Civil Union is in effect, the parties shall acquire it in joint tenancy. Each month, party A shall pay _____percent of the mortgage obligation plus taxes and utilities, and party B shall pay the balance.
2. (Optional: A____B____) The parties shall establish a joint checking account, and all income of both parties shall be deposited into this account, unless otherwise agreed.
3. (Optional: A____B____) Neither party shall contract debts without the consent of the other party. Each party hereby accepts joint and several liability for all debts contracted by either party or both parties.
4. Except as provided above, each party may hold any form of property, money or other asset in an individual name.
5. Each party hereby agrees to write and sign a valid will with the following provision:
Party A bequeaths to Party B __ percent of the net estate of A.
Party B bequeaths to Party A __percent of the net estate of B.
VI. Minor Children (Optional: A____ B____)
1. (i) Party A has minor children_____________, ages _______ respectively.
(ii) Party B has minor children______________, ages_______ respectively.
2. (i) Party A shall be obligated for ____ percent of the support costs of the minor children of Party B.
(ii) Party B shall be obligated for ___percent of the support costs of the minor children of Party A.
3. Neither party will adopt a child without the consent of the other. Both parties shall have joint and several liability for the costs of supporting any child adopted by the parties while this Civil Union is in effect. This obligation will survive the termination of this Civil Union.
4. (i) If the parties are a man and a woman, any child conceived by the woman while this Civil Union is in effect shall be considered fathered by the male party, unless otherwise determined by a paternity test. If the male party is determined not to be the father, he shall have no obligation to support such child.
(ii) If both parties are women, neither party shall be obligated to support a child born to the other, unless otherwise agreed in writing.
VII. Amendments, Disputes, Termination
1. This document may be amended by written agreement of both parties at any time.
2. If both parties decide to terminate this Civil Union, they shall sign a Termination and Mutual Release (TAMR), which will determine the disposition of any assets held in common or in joint tenancy. If either party has minor children, Termination does not relieve anyone of child-support obligations incurred during the Civil Union unless the other party takes full responsibility for such support in the TAMR. (Note: A TAMR does not revoke a will executed in accordance with this document.)
3. Disputes that may arise regarding the fulfillment of obligations under this document shall be arbitrated by ________________ (if blank, by the Circuit Court of the county in which the domicile is located). Both parties hereby agree to accept the decision of the arbitrator named herein as final, and will not litigate the dispute.
4. If either party leaves the domicile for more than six months without the consent of the other, or otherwise materially violates this agreeement, the other party may petition the Circuit Court for Termination of the Civil Union for cause.
5. The death of a party terminates the Civil Union.
This document was signed by the parties on the date shown below with full understanding of the contents and meaning thereof.
Party A________Party B____________
Signed in our presence this ____ day of ____, in the year 2___:
Witness:________Witness____________
posted by Gerald S Glazer at 9:14 AM
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