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Showing posts with label domestic partnership. Show all posts
Showing posts with label domestic partnership. Show all posts

Tuesday, August 21, 2012

Why Marriage Matters


The Las Vegas Review-Journal reports:
On the wall of their Henderson home, Brittney Leon and Terri-Ann Simonelli proudly display their certificate of domestic partnership. Under a 2009 state law, the document gives them all the rights of married couples. Or so they thought.

When Leon, 26, checked into Spring Valley Hospital on July 20 with complications in her pregnancy, she assumed that her partner Simonelli, 41, could make any necessary medical decisions if she suffered unforeseen problems. But that's not what happened, they said. An admissions officer told them the hospital policy required gay partners to secure power of attorney before making any medical decisions for each other.

They protested, even offering to go home and return with their domestic partnership document. But they said the admissions officer told them that didn't matter - Simonelli would need a power of attorney. Considering Leon's condition, Simonelli wasn't in a position to argue or spend hours running to a law office. But the admission officer's words left them devastated in a moment that they already were under extreme stress.

Leon ended up losing her baby.

"I am usually a big fighter. But I was so emotionally upset. It was a very bad day for us," said Simonelli, a hotel parking valet and website designer. "We went there thinking we had the state's backing, and then we were told we were wrong. It didn't matter that we were registered domestic partners. It should matter."

A woman who identified herself as public relations representative at Spring Valley Hospital told a Review-Journal reporter in a phone interview that the hospital policy requires gay couples have power of attorney in order to make medical decisions for each other. When asked if she was aware of Nevada's domestic partnership law, she accused the reporter of bias and hung up the telephone.

That law states: "Domestic partners have the same rights, protections and benefits, and are subject to the same responsibilities, obligations and duties under law, whether derived from statutes, administrative regulations, court rules, government policies, common law or any other provisions or sources of law, as are granted to and imposed upon spouses."

Gay marriage is prohibited in Nevada by constitutional amendment, so domestic partners are not considered legally married. But they have the same rights under law as married couples. The only difference is that employers do not have to provide health care benefits to gay couples, even if they are provided to married, heterosexual couples.

During hearings on the domestic partners bill, proposed by state Sen. David Parks, D-Las Vegas, numerous gay couples testified that the law was needed in part because they had been denied the right to make medical decisions for their partners, or to stay with them in the hospital.

There is no specific penalty for businesses that discriminate against domestic partners. They can file complaints with Nevada Equal Rights Commission, which investigates and tries to reach an agreement with the business to follow the law.

As I have written here in the Blue Truck any number of times, you are not a full citizen until you can marry. Historically, children, slaves, the insane, and prisoners were all prohibited from marrying. You are not grown up, you are not fully competent, you are not free - until you can marry.

Not crappy little domestic partnerships that aren't worth the paper they're printed on - not Jim Crow civil unions to keep you "separate but equal," which is never the case - nothing but full, complete, identical civil marriage will ever protect you, or be respected by the rest of the population.

And hey - you guys milling around over there at the back of the bar, muttering shit about how you don't see a need for all that: if you don't want to marry, then don't. Just say no. You can't handle the responsibility, you don't feel the love - then you shouldn't marry. Ever. It's not for tricking around, if that's all you want out of life.

But for the rest of us - it makes all the difference in the world.


Thursday, December 3, 2009

Consolation Prize

 
From the Human Rights Campaign:
Yesterday Washington State officials (Governor Gregoire and Secretary of State Reed) certified the results of Referendum 71 — the measure that asked voters to approve or reject a comprehensive domestic partnership law passed by the legislature and signed by the Governor earlier in the ear. Voters approved the law in November’s elections and now same-sex couples will have critical rights and protections as of 12:01 a.m. Pacific time on Thursday.
The first voter-approved, all-but-the-name-marriage law in the nation. So you see, it does pay off to work for change at the state level, guys. Just not as quickly as we would like, as we deserve.

But we have to keep pushing, step by step, state by state, all the way down the long, sometimes heartbreaking road. You gotta have hope. You gotta have courage, you gotta have grit and the guts to keep going, sunlight or storm. When the horse throws you, get right back up in the damn saddle, cowboy up and ride on anyways.

You'll never win nothing if you're a scairdy-cat.

Monday, June 1, 2009

Nevada Gets Domestic Partnership Law


Map of same-sex unions in the United States from Wikipedia

That makes one-third of the states who now provide some form of recognition, weak or strong, to same-sex couples. The New York Times reports:
The Nevada Legislature voted into law a domestic partnership registry for same-sex and unmarried straight couples on Sunday evening, with the Assembly mustering the two-thirds vote required to override a veto by Gov. Jim Gibbons, a Republican.

The move makes Nevada the 17th state to recognize the relationships of gay men and lesbians, creating the registry with the secretary of state by which couples receive legal protections associated with marriage.

The State Senate voted to override the veto on Saturday.

The Nevada law does not require businesses to provide health benefits to the domestic partners of their employees.

“The significance here is it literally equates domestic partner with spouse under Nevada state law,” said Michael Ginsburg of the Progressive Leadership Alliance of Nevada.

“You have the full force of the law behind you now,” Mr. Ginsburg said. “When you’re in the hospital, forced to make decisions for your partner, all you have to say is, ‘This is my spouse,’ and that carries tremendous weight.”

Proponents were able to persuade two members of both the Senate and the Assembly to switch sides since earlier votes. Many were pressured by executives for the casino industry, who feared a boycott by gay travelers.

Opponents, including the governor, argued that the law was unnecessary because gay couples could create legal contracts to provide most of the rights they would receive through the registry. They also pointed out that Nevada voters approved a constitutional ban on same-sex marriage earlier this decade.

Yet State Senator David R. Parks, a Las Vegas Democrat and the only openly gay elected official in Nevada, obtained legal opinions from legislative lawyers stating that the domestic partnership registry was not the equivalent of marriage.
Correction: The NYT reporter must have miscounted; I'm only seeing 15 states, plus the District of Columbia. We need two more states to get to a third of the Union; and 45 more states to get nationwide marriage equality, plus the repeal of DOMA at the federal level.

Monday, May 18, 2009

Washington State Expands DP's


Get your mind out of the gutter, man - it's the other kind of DP. From 365gay.com:

Washington Gov. Chris Gregoire on Monday signed legislation granting domestic partners almost all of the state rights of married spouses.

“They will make for stronger families, and when we have stronger families, we have a stronger Washington state,” Gregoire said as she put her pen to the document.

The legislation makes domestic partnerships equal to marriage in areas of community property, guardianship and powers of attorney. It allows partners the right to refuse to testify against partners in court. And it provides the same remedies as married couples to end a relationship, including the division of property.

The legislation expands on previous domestic partnership laws by adding reference to partnerships alongside all remaining areas of state law where currently only married couples are mentioned.

The domestic partner law was enacted after the state Supreme Court in 2006 upheld Washington’s so-called Defense of Marriage Act that limits marriage to opposite-sex couples. . . .

Since July 2007 when the original domestic partner law went into effect, more than 5,000 couples have registered as domestic partners. . . .

But opponents of the law already have started a bid to overturn the measure. The Washington Values Alliance filed paperwork earlier this month to begin the referendum process. They need to get more than 120,500 voter signatures by July 25 to qualify for the November ballot.
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