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Domestic Partnership Legislation in California

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Domestic Partnership Legislation in California I Domestic Partnership Legislation in California: A Tradition of Gender-Neutral Bills, Prgposals, and Laws, to Protect a Wide Range of Unmarried Adults Ifthe Governor Knew All o/the Facts, Would He Still Insist that Domestic Partnership Legislation be Limited to Gay and Lesbian Couples Only? A special report by Spectrum Institute July 14, 1999 / CONTENTS Main Article: Seniors Support for Gender-Neutral Domestic Partner Benefits Legislation: Why is the Governor Insisting on Domestic Partner Protections for Same-Sex Couples Only? ........ 1 List of Nine Major Organizations Supporting Domestic Partner Bills from 1994 through 1999 ......... 18 Gray for Governor: Quotes from Letters Written by Seniors' Groups. 19 Gray Davis expresses support for gender-neutral domestic partner legislation, the use of inclusive definitions of Letters from the Congress of California Seniors "family" in public policy, and rights for unmarried Insisting that DP Benefits be Gender-Neutral. .. 21 couples who function as a family unit . .. la National Organization for Women: State Legislation: Letter from NOW Supporting Domestic Partner Laws State Officials Who Have Voted in Favor of Gender­ That Do Not Discriminate Based on Sex ....... 23 Neutral Domestic Partnership Bills: Governor Gray Davis . .. 2 Gay and Lesbian Leaders and Groups: Lt. Governor Cruz Bustamante ......... 2 Attorney General Bill Lockyer ......... 2 National Gay and Lesbian Task Force ......... 25 Current Legislators .................. 3 Several leaders .......................... 26 San Francisco Supervisor Tom Ammiano ...... 33 An Unbroken History of Gender-Neutral Domestic Lesbian Rights Project (now the National Center for Partnership Legislation in California - Until Now: Lesbian and Gay Rights) ......... :........ 35 Legislation from 1994 through 1999 ........... 4 San Francisco's History of Rejecting Sexist Domestic Groups Supporting 1999 Domestic Partnership Bills Partnership Proposals: That Are Gender-Neutral ................... 5 A Collection of Articles and Letters ........... 36 Municipal Legislation: Commentaries: Municipalities with DP Registries ............. 8 Municipalities Extending Health Benefits to DP's . 8 Fairness and the Distribution of Employee Benefits: State Agencies Extending Benefits to DP's ...... 8 What's Wrong with Excluding Opposite-Sex Couples from Domestic Partnership Benefits Programs? .. 41 Private Employers with Gender-Neutral Plans: Domestic Dispute: Benefits Should Not Be Denied to Utilities, Oil, News, Health Care, Banks, Others .. 9 Opposite-Sex Partners .................... 43 Cost Analysis of Gender-Neutral Health Benefits: Other Indications of Support by Gray Davis for Gender-Neutral Domestic Partner Legislation: A List of Public and Private Employers Showing a National Average of Less Than 1% Increase in Article on His Vote on AS 1982 and Article on His Enrollment ............................. 10 Intent to Make the UC Plan Gender-Neutral .... 44 Public Opinion on Family and Domestic Partners: Legislators Opposed to Sexist DP Legislation: Field Poll on Domestic Partner Benefits ........ 11 Survey FonDS from Several Legislators ........ 48 Mass. Mutual Survey on the Definition of Family 13 Information about Spectrum Institute: Religious Support for Gender-Neutral Domestic Partner Benefits Legislation: Article about Spectrum Institute ............. 63 List of Publications ....................... 64 Joint letter from 11 ministers representing several Comments about Our Work ................ 66 denominations ........................... 16 , .... ",' . ~ '.,,! ,. ' 0 : l.l,'.'l'~"'.:' ..." .";t;i:).~1:--~ ·_>_·!·:~i·:i\:;:.~; ":' .. j ~~~~:"t.~!1i~··~; ~'.':';) l'·!t)·~·' :::j::I.~·~::;.5 ;'f."';,:·l-:-.L~:~'~~~·.:~ ·~~il ;'>:::(; : i-. : :: ,. :~, 1- t. ·,:·f,·}.;;·.~ .~) ::1:1 f.:.t ;~-:~I""'-' -' ..! !·f (; '!~f ~f ~~~;',~ t~: :!~:-~ :~i;i::}~;(; r,: '':'\(:~i:'; :;'j'J : ..... ;) ':.'''':'''~~.''(~ ~i!;:.:.'.f'~:..r(.~ ~.~!.·::;:~-_~~{~.t:~: ·· .. f.Ji...~;i;~ ,~:.:.~;~ '1".i-":':4;.i .: .... ?. ~:(. ::::,:.,~,""~;_ ::·1f~;\~~· .. a·~~~;~~r~J ,i'·• • :. ~ <-,·f; 5~.~ ... {}' ,.' t.. ,. :.~: '.. :' r;~.· t \~ !.) P, ':. 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I f!~~""r~i~ ~~~!~~~.,: I!;(. f~ •••. :~::\.:,••• :",~t. ~S~ ,~ .. i_l,.;:.:; ,'·r., . 1, •• ~j}! .~<-::'. \ ! ~j ~ i~:t ~~ ~ •. { ~~ ;t,;:'- ~:~!: :jj::~;! ~~, :'~:~:~;\"i-;' ,:~!:~~;~i .:~;.~ "~:;l,: ./ Why is the Governor Insisting on Domestic Partner Protections for Same-Sex Couples Only? Gender-Neutral Domestic Partnership Legislation Is Supported by Religious Leaders, Labor Unions, Local Governments, Seniors' Groups, Women's Rights Advocates, Many Gay & Lesbian Groups, and a Majority of California Legislators San Francisco was the first municipality in have supported gender-neutral domestic partner California to consider a bill to give legal protections bills. As their letters of support have pointed out, and economic benefits to domestic partners. A many older adults have good reasons for living domestic partner ordinance was passed by the Board together as domestic partners rather than marrying. of Supervisors in 1982. Since the National Organization for Women It was vetoed by then-Mayor Diane Feinstein opposes sexism, it is understandable why NOW because no one had taken the time to study the favors gender-neutral domestic partner laws. potential fiscal effects of the bill. Many gay and lesbian rights leaders and The mayor then established a Mayor's groups have expressed support for inclusive domes­ Advisory Commission on Health Benefits. After tic partner protections and opposition to sexist several months of study, the commission issued a proposals that exclude opposite-sex couples. report to the mayor recommending that a law be Not one organization in the state has de­ passed to give domestic partner health benefits to manded that the Legislature limit domestic partner same-sex couples only. legislation to gay and lesbian couples. Many large Feinstein rejected its proposal. The mayor businesses have adopted inclusive benefits programs said that she would not approve sexist domestic and have found the added cost to be minimal. partnership legislation. With this strong support for gender-neutral Berkeley was the first city in the state to domestic partner laws and with no one - other than grant domestic partner health benefits to city em­ Gray Davis - insisting that such laws be restricted to ployees. In 1984, the city's Human Relations same-sex couples, one wonders why the Governor Commission and the City Council debated whether has suddenly decided that he will only sign a "spe­ to limit benefits to same-sex partners or to pass a cial interest" bill rather than an inclusive one. gender-neutral plan. They rejected sexism and voted His solo position looks rather odd, especially to adopt a policy of inclusion. considering that when he was running for Governor, In 1985, West Hollywood became the first Gray Davis specifically stated that he supported city to establish a domestic partner registry. It was gender-neutral domestic partner laws and opposed gender-neutral. any same-sex restriction in them. In the ensuing years, more than a dozen cities Maybe ifhe were to reconsider the facts, the and counties have created registries and/or domestic Governor might decide that discrimination on the partner benefits plans for municipal employees. All basis of sex, marital status, and sexual orientation - of these programs are gender-neutral. which is what a same-sex only law perpetuates - is A domestic partner bill was first introduced not the best policy for a diverse state as we enter the into the state Legislature in 1994. Since then, 12 new millennium. bills have been debated by state legislators. All have There are 10 million unmarried adults in been gender-neutral. Two ofthese bills passed both California. Most of them are heterosexual. houses of the Legislature. They were vetoed by Ifthey are willing to assume the same family then-Governor Pete Wilson. obligations as the Governor would have a same-sex Gray Davis was Lt. Governor when Wilson couple do, then why should an opposite-sex couple vetoed AB 1059 in 1998. Davis issued a press not be protected by a domestic partner law? Or are release criticizing Wilson for the veto. AB 1059 was the rights of single people - some 33% ofthe voters a gender-neutral bill supported by religious leaders - not worthy of protection? from several denominations, including Catholic, - Thomas F. Coleman Episcopal, Lutheran, Methodist, and Presbyterian. Executive Director All ofthe major seniors groups in California Spectrum Institute
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