Court Cases Involving Partnerships

How Accurate Are Counts of Same-Sex Couples?

Released: August 25, 2011

By D’Vera Cohn

The counts and characteristics of same-sex couples are among the most written-about data from the 2010 Census and American Community Survey. Yet, two decades after the Census Bureau began offering people the option to describe themselves as a same-sex “unmarried partner,” producing accurate numbers remains a challenge.

The quality of information about same-sex couples depends both on the questionnaire responses the Census Bureau receives, and the procedures the agency implements to collect and edit those responses. There have been changes to both during the years the bureau has been releasing same-sex couple data, and the agency has cautioned against comparing numbers from different years to produce trends.

The Census Bureau has just completed the release of state-by-state total counts of same-sex couples from the 2010 Census, which adds up to a national total of about 902,000 . Later this year, the bureau will release a highly anticipated count of same-sex married couples from the 2010 Census, the first time it has done so from a decennial census. In conjunction with that release, the bureau will publish its own evaluation of data quality about same-sex couples. This posting describes what is known so far about data quality for both married and unmarried same-sex couples from past censuses, the American Community Survey and Census Bureau research.

The challenges of counting same-sex couples illustrate the difficulties of data collection and group identification in an era of rapid social change. The Census Bureau has a delicate balancing act as it tries to capture a demographic snapshot even as national norms are more akin to a motion picture.

Same-sex marriage licenses are currently issued in six states and the District of Columbia, according to the National Conference of State Legislatures . Massachusetts became the first state to license same-sex marriages in 2004. California had allowed same-sex marriages, but that has been challenged in court, and the state does not allow new marriages pending the outcome of that case. A number of additional states offer same-sex couples the option to register in civil unions or domestic partnerships that offer some or all rights within the state that married couples have. The federal government and more than three dozen states prohibit same-sex marriage via laws defining marriage as a union between a man and a woman.

Articles 20VN | The Law As a Shield - Protect Yourself and Your ...

Is the Threat of a Lawsuit a Real Fear?

As a small business owner, you may be one of the 48% concerned about frivolous or unfair lawsuits. According to the U.S. Chamber Institute for Legal Reform, actual lawsuits and the fear of lawsuits cost U.S. small businesses $98 million in 2005. That figure may seem large because it includes money spent on damage awards, settlements, legal costs, liability insurance premiums, and costs incurred by insurance companies on behalf of policyholders. Is the fear of lawsuits a real fear? Unfortunately, yes. Anybody can sue anybody over anything at any time. In reality, 46% of small business owners have been threatened with a lawsuit, 34% have been sued in the past 10 years, and 62% have made business decisions to avoid lawsuits. Indeed, small businesses bear 69% of the total cost of the tort system to all U.S. businesses.

What is the Best Course of Action?

What's a small business owner to do? For starters, realize that the best defense is a great offense. While most small business owners fear the law, it is much wiser to use the law as a protective shield. There are many business and legal components that contribute to creating the strongest shield possible - business entities (the type of structure that governs your business), insurance, and intellectual property (copyright, trademark, patent, and trade secrets) to name a few.

As a former full-time practicing attorney and now a small business owner, I have been on both sides of the fence when it comes to the legal issues a business owner may face. It is imperative that entrepreneurs understand the basics of the legal side of running a business, and how to use the law as a shield to protect yourself and your business.

Creating a Shield Through Business Structure

The first item a small business owner should consider is the structure of the business. There are 4 basic types of business entities: sole proprietorship, partnership, corporation, and limited liability company. A common misconception of small business owners is that the business entity itself always creates a legal shield. In some instances (a corporation, or limited liability company, for example), this is generally true. However, if you are a sole proprietor (and, if so, you are not alone, as 78% of all small businesses in the U.S. are sole proprietorships), then you essentially have no shield. As a sole proprietor, you are personally liable for all business debts and other obligations. Fortunately, the law is not the only means to create a shield to protect your business. If the business entity itself does not provide a shield, then you can create one by acquiring appropriate and adequate insurance coverage. Thus, a sole proprietorship that is adequately protected by insurance may have an effective shield.

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