Tuesday, January 15, 2002

California civil union bill fails to garner support

A story released today by CNSNews.com reports that efforts to bring homosexual marriage to California apparently collapsed late Monday as support for a controversial civil union bill fell short, even among moderate lawmakers.

Co-authored by 14 Democrats, AB 1338 -- The California Family Protection Act -- would have given homosexual couples an estimated 1,500 marriage-related benefits, including the ability to make medical decisions on behalf of a partner, file joint state tax returns, sue for wrongful death and share property titles.

Democratic Assemblyman Paul Koretz, who introduced the measure last year, said his bill is postponed, not dead. He plans to table the legislation so he'll have more time to gather the 41-votes he needs to move the bill out of the 80-member Assembly and into the state Senate.

"This bill is still a priority for me. I will re-introduce this bill over and over until it's passed," Koretz said. "There is a lot of educating that still needs to be done, and this allows us time to do that."

"The voters overwhelmingly passed Proposition 22 to prevent the legalization of same-sex marriage," said State Senator Pete Knight. "This bill plays word games to skirt Prop.22 and legalize same-sex marriage under a different name."

Even so, Koretz said when voters approved Prop. 22, they were not seeking to disallow rights to homosexual couples, but only sought to protect an institution that for many is of religious importance.

"Same sex couples deserve equal treatment, legal recognition of their families; the same legal recognition that my wife and I were granted when we committed our lives to each other," Koretz said.

However, observers on both sides of the issue said it was unlikely that AB 1338 will go anywhere this year, especially in a statewide election year.

Norwegian minister marries domestic partner

A story published today by the Las Vegas Sun reports that Norway’s Finance Minister Per-Kristian Foss has married his partner, becoming the first member of a Norwegian government to enter a binding domestic partnership.

Under a 1993 law, gays and lesbians can enter legal partnerships with all the rights and obligations of marriage, except adoption and church weddings.

Foss, a Conservative, married long-term partner Jan Erik Knarbakk in a ceremony at the Norwegian Embassy in Stockholm, Sweden.

"Yes, we entered a partnership at the embassy in Stockholm on Friday, Jan. 4," Foss told the Norwegian business newspaper Dagens Naeringsliv. "But beyond that, it is a private matter."

Foss is a member of a three-party coalition government led by Lutheran clergyman Kjell Magne Bondevik of the Christian Democratic party, which opposes homosexual marriages.

Foss was living with his partner when he joined the government and it was not an issue in his appointment to the powerful post of finance minister.

Norwegians are broadly tolerant of homosexuals and traditionally respect the private lives of public figures so the wedding was simply noted briefly, without comment, by the news media.

About 100 couples a year enter domestic partnerships in the capital city of Oslo.

Monday, January 14, 2002

California lawmaker lambastes bill that supports same-sex marriages

A story released today by KCRA News reports that California Senator Pete Knight and his supporters threw down a legislative gauntlet Monday against gay marriages.

"We have disrupted the basic unit of society," Knight said.

Knight is talking about AB 1338 -- an Assembly bill that would create "civil unions" for gay couples, affording them the same rights as married couples, which he says threatens to undo Proposition 22 -- an initiative he sponsored to define "marriage" as only that between a man and a woman.

"AB 1338 would reject the people of California and drastically cheapen marriage," Campaign for California Families spokesman Randy Thomasson said.

If the bill passes the legislature and gets signed into law, Knight and his supporters said that they would file a lawsuit.

"Being denied all the benefits that help you and your husband take care of your kids is an unbelievable insult," said activist Sam Catalano. "I find it distasteful that this man is continuing his crusade of divisiveness."

That's why the author of the bill, Assemblyman Paul Koretz of Hollywood said it's time gay unions became legal.

"Let's not change the institution of marriage, but let's provide the rights and responsibilities of same sex couples, and end the discrimination against them," bill author Paul Koretz said.

Koretz said that Vermont already recognizes same-sex civil unions, and that he is hopeful that California will be next.

"I know either this year, next year or a couple years down the road, this concept will pass," Koretz said.

Focus on Family founder attacks California same-sex marriage bill

A story released today by U.S. Newswire reports that in a nationwide radio broadcast Monday, Focus on the Family President James C. Dobson, Ph.D., joined by Family Research Council President Ken Connor and Alliance Defense Fund President Alan Sears, called on Christians to register opposition to a proposed piece of legislation in California that would change the nature of marriage in California and across the nation.

Dobson, heard by 7.5 million listeners each week, told his audience the bill would overturn the will of Californians. In March of 2000, 61 percent of California voters supported Proposition 22, declaring that marriage should be exclusively between a man and a woman. He added that what is happening in California will eventually travel to other states, and that the California Legislature is now "completely out of control" when it comes to issues affecting families.

"The California Legislature has been captured, almost without opposition, by those who hold a gay and lesbian philosophy and by a governor -- Gray Davis -- who has signed into law a host of pro-homosexual bills revolutionizing that state," Dobson said. "The result is a tsunami, a tidal wave, of anti-family and immoral legislation that is rapidly forcing the citizens of California to accept and live by an alien system of values that would never be approved if put to the voters."

Sears, a former federal prosecutor and the administrator of the legal-defense organization known as the Alliance Defense Fund, said the creation of civil unions would not only reconfigure the face of marriage, but would also punish those people who do not willingly go along with its demands.

"(The bill) says that clergy cannot be forced to perform a civil union, yet religious organizations who employ (people) in non-clergy positions person must recognize civil unions, provide for them in health insurance and other benefit packages, and those who don't comply will be punished,"

Sears said. "The (homosexual) agenda is not about tolerance; it is about silencing and forcing compliance with the rigid demands of the homosexual lobby."

Dobson, Sears and Connor predicted that the enactment of civil unions would lead to the legal recognition of group marriage and other non-traditional relationships.

"If marriage means everything, it means absolutely nothing," Dobson said.

Connecticut debate on same-sex marriages resurfaces

A story published today by the Hartford Courant reports that supporters of gay marriage are girding for a confrontation at the Connecticut state Capitol.

A number of measures granting some form of legal recognition to gay and lesbian couples probably will be broached during the coming legislative session. And, unlike last year's informal hearing on the emotionally charged topic, the discussion will be more than theoretical.

"We're well beyond the point of asking whether we want to have same-sex couples in the state," said Rep. Michael Lawlor, co-chairman of the powerful judiciary committee and a supporter of gay marriage. "They're here. Now the time has come for the legislature to start establishing rules."

Given the legislature's preoccupation with fiscal concerns and the fact that this is an election year, gay rights activists acknowledge that they might not reach their goal by the end of the session. But they express confidence that their quest for legal validation ultimately will be successful.

"Laws are created to protect the common good," said Marie T. Hilliard, executive director of the Connecticut Catholic Conference, "not to confer legal recognition on those who seek it."

For all sides, the issue is intensely emotional. That much was evident last March, when the judiciary committee held an informational hearing on the subject. Even though no bill had been submitted, more than 300 people sat through nearly six hours of testimony.

Gay rights activists view marriage as a milestone on the road to full equality. Marriage permits partners to receive tax and inheritance benefits, for example, and gives them the right to make medical decisions on behalf of one another. Without it, activists say, same-sex partners essentially are legal strangers.

"It's not just about marriage," said Seth Kilbon, national field director with the Human Rights Campaign, the nation's largest gay rights group. "It's about recognizing gay and lesbian families."

Hilliard disputed the notion that same-sex couples need legal recognition to gain such rights. "The law already addresses these issues," she said. Moreover, "to take the leap that, because people perceive - and I would claim erroneously - that there are roadblocks, we should change how society has defined marriage, is to take a huge leap."

Canadian province to extend legal benefits to same-sex marriages

A story released today by the Canadian Press reports that a government report released   by the Canadian province of Alberta said that the province should extend the same legal benefits to same-sex relationships as married couples.The recommendation is part of a review of family law released Thursday by Justice Minister Dave Hancock.

"Alberta Justice proposes that Alberta's legislation concerning personal relationships be amended to comply with the charter," the report says. "This would include persons in common-law or same-sex relationships."

The province is also considering extending such benefits to people in committed non-sexual relationships.

So far, Nova Scotia and Quebec have or are in the process of recognizing civil unions between gay and lesbian couples.

Such status offers same-sex couples most of the legal benefits of marriage, including the division of assets after a breakup and the right to inherit property when a partner dies.

Last November the Alberta Court of Queen's Bench ordered the province to rewrite its laws to allow people in same-sex relationships to inherit property when a partner dies.

The province is also looking at changing a long list of rules and regulations governing child support payments and access.One option suggests payments could end if a child voluntarily left home before age 18. Another option says payments should continue after a child is 18 years of age if he or she isn't independent due to illness or disability.

Alberta Justice proposes that a person who is not the biological parent of a child should be required to pay child support if taking on the role of father or mother in a relationship.

The province also wants to hear from the public on whether the courts should have the power to link child support payments with access.

New Democrat Brian Mason applauded the proposed changes but warned the government shouldn't use the public review to delay taking action.

"I think the government has still got a go-slow approach on the issue of same-sex relationships," he said. "I think there is some prospect that Alberta may finally catch up with other provinces provided that the social conservatives in the Tory caucus don't completely sabotage the effort."

The government could introduce legislation on the family law changes as early as this spring.

Wednesday, January 9, 2002

California gubernatorial candidate says he’s open to discuss civil unions

A story released today by the Associated Press reports that in an appearance Wednesday morning before a gay and lesbian group, Republican gubernatorial candidate and former Los Angeles mayor Richard Riordan said he was "open to discussion" of a bill that would institute civil unions for same-sex couples.

The statement to the West Hollywood group ANGLE -- Access Now for Gay and Lesbian Equality -- was further indication that the moderate former mayor is not focused on courting his party's right wing.

California voters opposed same-sex marriage by a margin of 61 percent last March in voting in favor of Proposition 22, which banned such marriages in the state.

Riordan opposed Proposition 22, while Secretary of State Bill Jones and Los Angeles businessman Bill Simon, the third major Republican gubernatorial candidate, supported it.

Jones has taken no position on AB1338, while Simon has said that "on its face it looks like an end run around Proposition 22," said Simon strategist Jeff Flint.

Gov. Gray Davis, who opposed Proposition 22, has not taken a position on AB1338, said Davis strategist Garry South, who added the Democratic governor has a strong record of support for gay issues.

Riordan's comment Wednesday is consistent with his approach of reaching out to moderates, independents and Democrats.

"Obviously there's a line that he probably shouldn't cross -- outright endorsing gay marriage and officiating at one probably wouldn't do him much good," said Jack Pitney, a professor of political science at Claremont McKenna College.

"But even for a lot of Republicans the idea of civil unions is not especially upsetting."

Brazilian court awards temporary custody  to deceased singer's domestic partner

A story released today by Reuters reports that the Brazilian court has granted the domestic partner of the late Brazilian rock star Cassia Eller temporary custody of Eller's son. Eugenia Vieira, her partner of 14 years, received six-month custody of 8-year-old Francisco Ribeiro Eller, nicknamed Chicao.

The ruling also gave Vieira the right to inherit the recording artist's wealth and copyrights. Eller's family had no objections.

"It's the first case in Brazil that a female partner of a mother gets the custody. It's still temporary, but ... very reassuring," said Vieira's lawyer Alessandra Barros.

Chicao was fathered by Tavinho Fialho, a friend and fellow musician of Eller's who died in a car crash before the boy's birth.  Barros said Chicao has spent probably most of his time with Vieira, whom he calls "mommy" and who had been a kind of housewife to Eller, much of whose schedule was taken up by shows and tours.

Brazilian activists claimed that the court decision was a victory for the homosexual community, saying it could speed approval of a long-awaited bill legalizing same-sex unions through Congress.

"The case represents a change in the ideology dominant in Brazil. It's a shift away from the right of blood to the right of the heart," said Bahia Gay Group leader Luiz Mott.

Pennsylvania High Court rules on same-sex parental rights

A story released today by CNSNews.com reports that the Pennsylvania Supreme Court has ruled that parental rights can grow out of homosexual relationships, setting a precedent for non-biological parents seeking custody rights of children they helped raise.

In a 5-2 decision, the state Supreme Court in late December ruled that a Cambria County woman, Tracie Binaut, had the right to seek shared custody of, and visitation rights with a child born to her former lesbian partner, Lorrie Mangus. The ruling gives homosexual couples the same right as heterosexual couples to seek child custody and visitation after a relationship breaks apart.

The Center for Lesbian and Gay Civil Rights, a Philadelphia based gay rights group, served as co-counsel for Binaut in her attempt to win custody from Mangus. The center worked with the Lambda Legal Defense and Education Fund.

"This case is an important affirmation of the principle that parents should retain rights and responsibilities after they separate, even if they are same-sex parents," Tiffany L. Palmer, legal director for the Center for Lesbian and Gay Civil Rights, said.

Pat Louge, senior counsel for the Lambda Legal Defense, represented Binaut and argued the case. "I think it is a great result and what I appreciate about it is that it treats this child and this parent-child relationship the same as the state of Pennsylvania has treated other relationships," she said.

Louge said the case was very important for Pennsylvania law. "The importance for Pennsylvania is that there are a lot of families that may not have the full protection of the law with respect to the adult relationships, but still the parent-child relationship, who the child sees everyday as their parent, is the concern," she said.

"The Supreme Court totally has done a 180 degree turn on parental rights in making this decision,"said Rev. Lou Sheldon, Chairman of the Traditional Values Coalition. "I think that they have incurred the anger of a lot of people and I think that people do not want the family unit tampered with.

"This is a great disappointment to a very large broad-based coalition of groups in Pennsylvania, as well as individuals," he said. Sheldon also believes the Pennsylvania Supreme Court ruling will have strong societal implications.

"This is very devastating because we know from a sociological standpoint that the best setting for a child is with one man and one woman. It has been proven again and again that the chemistry of a man and the chemistry of a woman are different; that is what a child needs," he said.

Maine activist say it lacks signatures for domestic partner referendum question

A story released today by the Associated Press reports that a Maine referendum question that would forbid the state and municipalities from providing domestic partner benefits and overturn Portland's domestic partner registry probably won't be going to the voters in November.

Michael Heath, executive director of the Christian Civic League of Maine, said it is his understanding that petitioners have gathered only 5,000 signatures to place the question on the ballot. With the deadline only three weeks away, it is unlikely they could collect the required 42,000 signatures.

Portland's mayor, Karen Geraghty, who co-sponsored the city's domestic partner registry, said she believes that the question won't be on the ballot only after the Jan. 28 deadline passes.

If the referendum question isn't on the ballot, employees of the state and the City of Portland will continue to be eligible for domestic partner benefits for at least a year.

Carl Leinonen, the executive director of the Maine State Employees Association, said about 115 members of his organization have signed up their partners for insurance benefits. Leinonen said he has been organizing a coalition to campaign against the question, should it make the ballot.

''What we're talking about is people getting access to health insurance, access to affordable health insurance, and I don't know anyone who doesn't think everyone should have that,'' he said. ''This is about health insurance for families - a pretty basic issue, and it's something most people want.''

But Steve Whiting, a lawyer who wrote the referendum question, said the issue is not about health insurance. It is gay marriages.

The question, he said, was designed to overturn Portland's ordinance, which says that domestic partners, both gay and straight, are families in the City of Portland.

''We want to get rid of official, legal status for gay marriages,'' he said.

If petitioners collect enough signatures by June, they plan to place the question on the ballot in 2003.