Gay employee seeks benefits for partner
■ COURT: The couple’s suit is on hold as
they await the outcome of a similar case
filed against OHSU
By Mike Schmierbach
Oregon Daily Emerald
When Kelly Matchett-Morris first came to
the University, he applied to have his husband
Glen receive in-state tuition. The University
complied, for a year.
The following year, when Kelly again listed
Glen as his spouse, the school “requested doc
umentation of [the marriage’s] legality,” Kelly
said. He thinks the University had assumed he
was a woman and discovered its mistake after
he became well known around campus.
According to state law, only legally married,
opposite sex partners of state employees are el
igible for certain benefits, including insurance
and in-state tuition. As part of the state bene
fits system, the University follows this policy.
Now the Matchett-Morrises, along with an
other couple, are suing the University, the Ore
gon State System of Higher Education, and the
state of Oregon. The lawsuit, modeled after
one filed by three couples against Oregon
Health Science University, argues current poli
cies violate the state constitution and anti-dis
crimination statutes of Oregon employment
law.
The plaintiffs in the OHSU suit won a cir
cuit court decision, and the state attorney gen
eral’s office appealed. Carl Kiss, the lawyer for
the OHSU workers, said he hopes for a deci
sion some time next year. The Matchett-Mor
ris lawsuit, meanwhile, is on hold awaiting the
outcome of that precedent setting decision.
Jerry Casby, assistant attorney general, said
the two cases are “substantially similar.” As
such, he filed to have the lawsuit stayed until
the statutory and constitutional issues are re
solved in the Portland suit.
One part of Oregon’s non-discrimination
law mandates people not be fired or mistreated
because of who they associate with. University
Law Professor Dominick Vetri explained the
circuit court found current benefits policy vio
lated this law in the OHSU case. “A person is
being denied a benefit because of the sex of the
person they associated with,” Vetri said.
According to Robert Rocklin, an assistant at
torney general who helped file the state’s ap
peal in the Portland case, the broad protections
of the discrimination statute are “trumped” by
the specific language of benefits provisions.
“The bottom line is die statute doesn’t include
domestic partners,” he said.
In addition, Rocklin said the state doesn’t
think the question is one of homosexual rights.
“I will never concede the statutes discriminate
on the basis of sexual orientation,” he said.
Instead, Rocklin claims the law makes a
clear distinction between married and unmar
ried people, regardless of sexual orientation.
As such, the law does not deny benefits be
cause of who people associate with, but only
because they aren’t married.
While Rocklin believes this proves the law
does not violate constitutional protections re
quiring equal treatment, Glen Matchett-Morris
disagrees. “There’s a catch-22,” he said. “The
state won’t allow us to marry, and only mar
ried couples are allowed benefits. ”
Kiss thinks this “catch-22” is where the con
stitutional violation lies. “To get access to the
benefits, the state requires marriage of couples
it won’t let marry,” he said.
Because homosexual couples cannot legal
ly marry, that legal barrier prevents equal ac
cess to employment benefits, Kiss said. Ac
cording to Vetri, these benefits could be
important for the University.
Vetri believes benefits for same-sex partners
would help recruit faculty, noting that over
100 colleges and universities already award
such benefits. “For the reason of being com
petitive, we’re going to want to open up and
extend the benefits,” Vetri said.
In addition, Vetri thinks the University
could be sending a bad message by refusing to
grant benefits. However, he said the school has
granted some things to same-sex partners, in
cluding access to libraries, gym facilities and
counseling for couples.
While Vetri supports the Matchett-Morrises’
suit, he is working to change University poli
cy by lobbying. “Different strategies have to be
used at different times, and sometimes simul
taneously,” he said.
Vetri’s strategy is to convince the University
to help persuade the legislature to change the
ecThere’s a catch-22. The state won’t
allow us to marry, and only married
couples are allowed benefits.
Glen Matchett-Morris
law. “We need the people in the academic in
stitutions to [lobby] along with us,” he said.
The University is not prepared to engage in
such efforts. According to Linda King, director
of human resources at the University, the
school has not looked into the viability of ex
tending benefits to same-sex couples.
King said if any group were to research such
a proposal, it should be OSSHE. Meanwhile,
the University won’t violate what the attorney
general and the state have established as law.
“It is not within our purview to change eligi
ble dependents.”
However, King said she is “personally sup
portive.” Like Vetri, she thinks the legislature
is the eventual key to change.
Glen Matchett-Morris agrees the optimal so
lution would be for the legislature to change
the law to allow same-sex marriages. Howev
er, he isn’t hopeful such a decision will be
forthcoming. “Things like this tend to need
court action,” he said.
Rocklin believes that action is misdirected.
Simply legalizing same-sex marriage would
solve the difficulty. “If [marriage] is their beef,
they need to attack the marriage statutes,” he
said.
The Legislature won’t meet until next ses
sion, and the University does not expect to
take any action on the issue, according to King.
Meanwhile, with their lawsuit, Glen Matchett
Morris said the couple is "looking for them to
realize they are in the wrong.”
If that realization comes with legal victory,
it could be a long time away. If the state loses
on appeal, they could turn to the State
Supreme Court, which would have the final
say on the subject. Whether they win or lose,
the Matchett-Morrises still have a while to
wait.
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