Originally appeared December 28, 2000, in Update (San Diego) and other gay publications.
A few weeks before the election, I found myself at a congressional candidates forum in Arlington, Virginia, just across the river from the nation's capital. The event was sponsored by the local Arlington Gay & Lesbian Alliance, a nonpartisan group, and the main draw was Democratic Rep. Jim Moran, who subsequently coasted to an easy victory on Nov. 7th.
Moran spoke of his support for the rights of gays and lesbians to have legally recognized unions, which everyone in the audience agreed, it goes without saying, would be a grand thing. But then someone (no, not me) asked a rather pointed question. Since it is highly unlikely (in the extreme) that the Virginia legislature will approve recognition of gay partnerships, let alone marriage-equivalent civil unions, in the foreseeable future, wouldn't some of the policies supported by Moran's Log Cabin-backed GOP opponent actually be of a more immediate benefit to gay couples? These policies, the questioner pointed out, included repeal of the estate inheritance tax, gift tax reform, and establishing private Social Security accounts.
Good points, these, but not ones that many gays and lesbians spend a lot of time pondering. But maybe we should. One of the great benefits of marriage is the exemption from federal (and state) taxes on money and property left to a surviving spouse after death, and the exemption from taxes on gifts transferred between spouses at any time. Gay and lesbian partners get left out in the cold.
Clearly, same-sex couples would disproportionately benefit from abolition of the so-called "death tax," as well as raising or abolishing the tax on gifts of over $10,000. These are generally regarded as "Republican" initiatives, opposed by liberals who dismiss them as "benefiting the rich" and decreasing government revenues that could otherwise be spent by the state. That's why President Clinton twice vetoed bills that would have ended the "death tax."
Similarly, private, individual Social Security accounts would also be a major boon to same-sex couples. As the program is currently set up, a surviving husband or wife inherits his or her spouse's Social Security benefits. But gay people, regardless of how long they've been together, or how intertwined their finances, are not legally married, and so we can't pass along our retirement benefits. And if you lack a spouse (or child), your Social Security savings go right back to Uncle Sam.
But if we were allowed to invest at least a part of our Social Security taxes in our own private retirement accounts, we could bequeath them to anyone we choose (although the recipient would still have to pay the inheritance tax on larger estates, unless it's eliminated, which takes us back to point number one, above).
Now, there are, in fact, some convoluted ways that a few of these penalties can be minimized - setting up trusts and the like. But practically speaking, this isn't something that most lesbian or gay couples are going to do - it's too complex, and you still wind up without the sweeping financial benefits of marriage.
Wanted: Fresh Thinking
Many conservatives support estate and gift tax reform, as well as private Social Security accounts, because the current law often forces many estates - including small businesses and family farms - to be sold off in order to pay taxes, rather than passed on to the next generation. But need we oppose every initiative because it may enjoy conservative or "pro-family" support? Maybe it's time for some fresh thinking that challenges the "liberal alliance" view that permeates so much of gay politics. Such an argument was recently made by the Log Cabin Republicans. On the LCR's website, a post-election news release states: "We must build a truly bipartisan movement, and...reach out to a much wider spectrum of Republicans and Democrats in Congress, and build a broader consensus on issues and policies than ever attempted before. To be successful requires compromise and new approaches from all of us, opening our minds to new ideas and concepts perhaps never before considered."
Unfortunately, fresh thinking doesn't seem to be in abundant supply within the gay movement. Consider this: the National Gay and Lesbian Task Force recently published what it called "the first comprehensive report to address public policy issues facing millions of gay, lesbian, bisexual and transgender (GLBT) seniors in the United States."
According to Elizabeth Toledo, NGLTF's executive director, "For too many years the needs of the oldest members of our community have been invisible to many of us and ignored by most institutions in our society." She goes on to claim that the report, titled "Outing Age," would serve to "shine a laser beam on these needs and offer concrete recommendations on how aging activists, policy makers and social service agencies can meet them."
While the report finds that "GLBT elders may be more likely to face poverty and economic insecurity," and even points out that "several federal programs that aim to service seniors blatantly exclude or otherwise discriminate against GLBT elders," including Social Security, it remains silent about practical solutions, such as estate tax repeal and private Social Security accounts. Instead, NGLTF comes up with generalized goals, which include "raising consciousness within the GLBT community" about ageism, and "forming partnerships with mainstream advocacy groups," such as AARP - a lobby that would rather defend the status quo as it exists for today's elderly, rather than confront the needs of tomorrow's. This is hardly a resounding agenda for so important a problem.
How about a gay political movement that tells conservatives they'll have our support for repeal of the "death tax" and for private Social Security accounts, in return for support on some of OUR civil rights issues? Now there's an original idea on building alliances that just might produce tangible benefits in the here and now.