People who are in my family and those who know me well and are in my church and circle of friends know that one political issue that I’m very passionate about ,which is very close to my heart, is the marriage issue, and they know why.
The marriage debate is very interesting in that, in my opinion (and in a lot of others opinions ) is very lop-sided and only seems to support people of one religious sect. Yet we’re supposed to be a country of “freedom of religious expression” but yet there are people of many religious sects that are not allowed that freedom. Unfortunately every religious persuasion doesn’t believe that marriage should be just between “one man and one women”.
History (even biblical history) shows marriages that are more than just “one man and one women”.
Genesis16:3-And Sarai, Abrams wife took Hagar her maid the Egyptian, after Abram had dwelt ten years in the land of Canaan, and gave her to her husband Abram to be his wife. Vs. 4 and he went into Hagar and she concieved.
Today there are many religious sects that believe in marriage between people of the same sex, yet their freedoms to have marriage, as their sects believe, are discriminated against in laws all around the country, “forcing by government” people to accept other religious beliefs and to denounce their own. How would christians feel if government laws were instituted here in our country, that forced them to denounce worship of Christ. Yet others are being forced to denounce practices which they uphold and believe. So much for “freedom of religious expression”.
In the meantime while this fight goes on millions of people in strong loving relationships around our country are openly discriminated against by the law, yet they are expected to honor people who have absolutely no honor for them at all.
I ran across this video and it really got me to thinking. How unfairly people in the minority are treated (and this time its not minorities such as “the races” , it speaks of minority groups who also have rights).
Imagine how you’d feel if you were tossed out of a home you’ve lived in for years or tossed out of hospital while you’re trying to spend the last moments you have with someone you loved for a very long time … lets say even your mother or your grandmother … and you were told you’d have to leave because you are unrelated. Whether they are a relative or a just a long time girlfriend you still love them and should have a right to be with them in their last hours, especially if you know that person would want that.
(Look at this video)
Unfortunately, that is not the case in our country. If you are a legal very close relative, (husband, wife, son, daughter), you’d be allowed to stay. If you are not, in many states, you’d be tossed out.
I’m a firm believer in “marriage equality”. That any adult should be able to marry any consenting adult that they want to. I don’t believe a pastor or any religious sect should have to endorse a marriage that they don’t believe in, however I DO believe that no religious sect should be denied the right to honor the families their sects believe in. Here in Michigan many sects have been denied that right. That is what I call true “religious discrimination”. There are a lot of people in this country who want to keep that going. Your sect should be able to honor whatever your sect believes in and so should everyone else’s.
So while this fight is going on … I’d like to offer “a libertarian alternative to marriage” which doesn’t involve the word marriage or changing the definition of marriage at all (since that seems to be the big issue). It’s legal, its wouldn’t take long term lobbying and it can be done without changing laws. If its taken seriously it can be instituted in a relationship within the next hour and could be done without spending one red cent. It can also provide some support to a lot of relationships until those fights are resolved. I’m calling it, The Vows of Powers of Attorney.
The Vows of Powers of Attorney-
The Vows of Powers attorney, a term which I have coined, is a document that anyone can draw up that is very similar to a regular “Power of Attorney” document. (A lot of people say this is a very costly undertaking but that is untrue as there are regular “Power of Attorney” documents already pre-drawn and given free by Attorneys all over the internet). That document is generally just signed by the person granting someone power of attorney and then notarized.
The “Vows of Power of Attorney’ document is different in that it is (in my own definition) “an agreement between TWO people granting each other SEVERAL different powers of attorney that each person on the document has vowed/agreed to honor in behalf of the other”.
The regular “Power of Attorney” is not an agreement between two. Its simply a statement, wish, or will of “one” which sometimes the other doesn’t even know about. In the “Vows of Power” both parties know because both sign and the document holds because it expresses the wishes of the party not able OR available to express their wishes themselves. In some ways the “Vows of Power” are more powerful than a marriage license and definetly much more easier to resolve than a marriage.
Where the “General Power Attorney” basically just authorizes someone to handle another’s financial affairs, the “Vows of PowerS of Attorney” would authorize a number of other powers as well. It would grant …
- GPOA /General Power of Attorney – which authorizes one to make financial decisions on behalf of the other when the other person is simply UNAVAILABLE.
- MPOA/Medical Power of Attorney – which authorizes one to make hospital and medical decisions on behalf of the other when the other is INCAPABLE.
- DPOA/Durable Power of Attorney –which authorizes one to make financial decisions on behalf of the other if the other person is INCAPABLE or DECEASED
- Guardianship – which expresses the wish of one to have another care for a family member who is unable to care for themselves (children ect) should legal caregiver or legal guardian expressing the wish be UNAVAILABLE, INCAPABLE or DECEASED to continue care.
Each “Power” on the “Vows of Power” document would be paragraphed separately and list several very generale details.
The GPOA for example would name the partys at the beginning of the document (Partner 1, Partner 2) and it would start something like this …
General Power of Attorney – If Partner 1 is unavailable for any reason to fulfill any responsibilities of the list below, General Power of Attorney is granted to Partner 2 to fulfill those responsibilities on his/her behalf, in Partner 1’s name. General Power of Attorney is also granted to Partner 1 to fulfill this list of responsibilities in Partner 2’s name whenever Partner 2 is unavailable. (I’m not a lawyer but if its worded incorrectly a good laywer could fix this)
The responsibilities being graned in this GPOA include the following:
- Handling banking transactions
- Entering safety deposit boxes
- Handling transactions involving U.S. securities
- Buying and selling property
- Purchasing life insurance
- Settling claims
- Entering into contracts
- Exercising stock rights
- Buying, managing or selling real estate
- Filing tax returns
- Handling matters related to government benefits
If desired both parties would also have the option to grant the following additional powers to the other:
- Maintaining and operating business interests
- Employing professional assistance
- Making gifts
- Making transfers to revocable (“living”) trusts
- Disclaiming interests (this has to do with estate planning strategies to avoid estate taxes)
The other powers being granted would appear on the document the same way, They would be listed MPOA, DPOA & Guardianship. (The powers typically granted for each one of theses can be found in many places on the internet). Guardianship issues can only be assigned by legal guardians and those to be guarded should be listed on the document. Each may have a different age up to which a child can make their own decisions.
Another unique factor of the “Vows of Power” document that I am proposing is,] that it can be much easier resolved than a divorce. Only one signature required.It would contain a clause such as, PLEASE NOTE: Only a revoke of power issued by one of the above vowing party’s can nullify the agreed upon arrangement. This can be done at anytime without the others consent. The “Revoke of Powers” document should read :This “revoke of powers” is being issued to revoke all powers granted on the Vows of Powers of Attorney document on 00/00/2000
Now I did mention earlier but i will say again that I am not a lawyer but all of the language I’m proposing to be used are very general legal terms, already basically accepted in court of laws around the country. Any one attempting to draw such a document up for themselves however should seek legal advice or to the very least, take the document drawn up and have it approved by a lawyer in order to confirm its legality.
I’m currently looking for a lawyer to assist in drawing up a document like this that can be used by any body. It would be a “statutory document” in which blanks will be added so that individuals will only have to add their names and signatures to the document (I’m a pastor and once its approved I plan to have it on the backside of every certificate I grant when I do a wedding- It will be optional for those marrying to sign).
My next step would be, in order give some “added protections” to the document for the individuals, is to propose a bill requesting “state senate” legislators to create a similar “uniform statutory FORM” called “The Vows of Powers of Attorney”
and to have it distributed and filed by and with the “secretary of state”. This will give those who enter the agreement additional security in knowing that their rights to have such a contract are supported by the states which they live in.
This is not marriage, nor a marriage license, nor is it an attempt at all to re-define marriage. It is a simply a libertarian effort to bring some supports to relationships of individuals who have come together as family’s, whom the states don’t acknowledge. It also gives everyone the “individual rights” to secure the relationship they desire.
Seeing that “individual” rights are protected is, the Libertarian way.