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Same Gender Marriages
by: Jeffrey Broobin
In 1999, the Vermont Supreme Court issued a landmark decision in the case of Baker v. State, 744 A.2d 864 (Vt. 1999), ruling that prohibiting same-sex marriage violated the Vermont constitution because it denied same-sex couples the rights granted to heterosexual couples. However, rather than order the government to issue marriage licenses to gay and lesbian couples, the court left it up to the state legislature to remedy the situation. In response to the court's order in Baker v. State, the Vermont legislature passed a law creating a "civil union registration system," under which same-sex couples can register their partnership and receive all the benefits of state laws that apply to married couples. Although the U.S. Constitution requires each state to give "full faith and credit" to the laws of other states - for example, by recognizing marriages and divorces made across state lines - the federal Defense of Marriage Act (DOMA), passed in 1996, expressly undercuts the full faith and credit requirement in the case of same-sex marriages. That said, because the DOMA abridges the rights guaranteed by the U.S. Constitution, it may be challenged legally in the near future. Furthermore, Massachusetts Supreme Judicial Court clarified its ruling late last year that denying marriage licenses to same-sex couples violates the Massachusetts Constitution's guarantee that all citizens be treated equally under the law. Lambda Legal predicts that within a few months, same-sex couples in Massachusetts will begin getting married. They will be able to visit their spouses in the hospital, make decisions about each other’s health care and be fully recognized as parents of their children. Anti-gay groups may proceed ahead in efforts to amend the state’s Constitution to carve out an exception to the time-honored guarantee of equality. As that debate moves forward, people will see same-sex couples who are legally married - and they will see that in seeking to protect their families, these married couples pose no threat to society. Benefits for Same-Sex Couples in California, Hawaii and Vermont. If you're a member of a same-sex couple living in one of these three states, you can take advantage of laws that allow you to register your partnership and receive many of the benefits granted to married couples. California. To register a domestic partnership in California, visit the California Secretary of State website at www.ss.ca.gov. (Look under "Special Programs Information.") Hawaii. To learn about registering your partnership in Hawaii (where it's called a "reciprocal beneficiary relationship"), visit the website of Hawaii’s Vital Records office at www.state.hi.us/doh/records/rbrfaq.htm. Vermont. To read the official guide to Vermont's civil union law, go to www.sec.state.vt.us and click on "Publications."
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About the author:
Jeffrey Broobin is a free-lance writer on family and finance issues; his main goal is to help people during their complicated period of life.
Website: http://www.legalhelpmate.com
Email: jeffreyb@legalhelpmate.com


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Legal Debt Collection Tricks
 by: Steve Austin

If a customer owes your local business money, it's hard not to feel angry, like you want to do anything possible to get your money back. But the days of going all out to collect on a debt over.

The Fair Debt Collection Practices Act, designed to protect consumers from harassment or intimidation, sets firm limits on what you can do to collect a debt from a consumer. The federal debt collections law even prohibits practices that were once standard, and that you might not consider harassment at all.

Besides, as a local business, you have an even more powerful reason to be especially careful about legal debt collection issues. You have something much more valuable at stake than a lawsuit: your business's reputation in the community.

Legal Debt Collection Best Practices:

There are plenty of articles on the web that lay out in plain English what the Fair Debt Collections Practices Act says you can and cannot do. Just to give you some idea of the law's requirements, here are some of the biggest:

- No telling any third party about the debt (except collection bureaus, collection agencies, or the debtor's attorney).

- No calling on the telephone 9 pm - 8 am, or calling repeatedly in a way that is annoying.

- No postcards or envelopes that mention the debt.

- No threats to take actions you cannot or will not really take, such as seizing property, in the case of an unsecured debt.

- No misrepresenting yourself (e.g., "Hi! This is the Publisher's Clearinghouse Sweepstakes. May I speak to John?").

- No paying down the debt with payments the customer has directed be applied to other debts

Tips and Tricks for Legal Debt Collections:

With all these limits on what you can do to collect a debt, what can you do legally?

- Speak with the debtor personally on the telephone



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