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About Just out. (Portland, OR) 1983-2013 | View Entire Issue (Aug. 16, 1996)
Jus« ou« ▼ a u g u s t 1®, 190® ▼ 13 The Loan Resource for Our Community ► N ew purchase ► Reftnance/cash out ► 100% equity loans ► Pre-approved loans ► Pre-qualification by phone or fax Benefits ruling hailed ► Residential, commercial & investment property ► Appointments at your convenience Judge says lesbian plaintiffs9partnerships are “identical to marriage99 66 I ’m available when you are! ” Office 274-1500 by Inga Sorensen each couple would have at all times., .gladly and isa Chickadonz and Christine Tanner voluntarily exchanged the vows of marriage be have “enjoyed a long-term and com tween themselves to achieve that legal status. Of mitted relationship identical to mar this, the Court has no doubt.” riage,” therefore the lesbian couple “As the judge found, each couple’s relation should not be denied spousal health ship is identical to a marriage in all ways within benefits automatically granted to heterosexual their power to make,” says Kiss. “But the state, married couples. So says Multnomah County which says, ‘We’ll give you benefits if you get Circuit Judge Stephen L. Gallagher Jr., who re married,’ refuses to allow these couples the right cently ruled that domestic partners of gay men to do so.” and lesbians have a constitutional right to spousal It’s a Catch-22, says Kiss, that the judge re health benefits. fused to ignore. In his Aug. 8 opinion, thought to be the first of “This is really a path-paving ruling. It is the first its kind in the nation, Gallagher held that the State court decision that I’m aware of in which a judge of Oregon and Oregon Health Sciences University has ordered a government employer to provide illegally discriminate against their gay and lesbian fringe benefits to the domestic partners of lesbian ' employees by offering insurance fringe benefits to and gay employees,” says Jon Davidson of the heterosexual employees’ spouses, but not to gay Lambda Legal Defense and Education Fund, a and lesbian employees’ domestic partners. national gay and lesbian legal organization. He ordered the state and OHSU to make their Davidson says similar cases have been brought insurance fringe benefits equally available to the in the past, but have been unsuccessful or settled domestic partners of their gay and lesbian em out of court. Cities such as Philadelphia and San ployees. Francisco have offered health benefits to domes The ruling was prompted by a 1992 lawsuit tic partners of lesbian and gay city employees, but brought by two OHSU nursing professors and a no court order was involved and the benefits did pharmacy supervisor who, joined by their respec not extend to state employees. Three states— tive partners, sued to obtain medical, dental and New York, Massachusetts and Vermont— extend life insurance benefits. benefits to domestic partners, but again, have Gallagher found the state’s benefits policy done so without a court mandate. violates Oregon’s statute prohibiting employ Kiss and others say the experience of the ment discrimination and state constitutional guar growing number of public and private employers antees of equal privileges and immunities. who offer dom estic “The [Oregon] stat partnership benefits ute says not only that “It is beyond debate that coverage “shows that no you can’t discriminate invidious and virulent dis material additional ex on the basis of sex, you pense or administrative also can’t discriminate crimination has been and is inconvenience results.” on the basis of the sex of ‘The judge showed someone with whom the directed toward and suffered that he was very employee associates, in by the lesbian and gay men thoughtful and respect this case the female part ful of these families,” ners of the employees,” communities in this state and says Davidson. “He also says Portland attorney made it clear that these Carl Kiss, who repre elsewhere, ” Gallagher writes. couples would get ben sents the three lesbian efits if they could marry, but were prohibited by couples. He believes Gallagher’s decision, by the state from doing so.” implication, “would prohibit every Oregon em In his opinion, Gallagher noted his review and ployer from discriminating against [gay men and re-review of materials submitted by counsel, in lesbians] in any employment decision, including cluding the recent Romer vs. Evans opinion, a hiring, firing, promotion and pay.” U. S. Supreme Court ruling that deemed Colorado’s “It is beyond debate that invidious and viru anti-gay Amendment 2 unconstitutional. lent discrimination has been and is directed to Davidson says the ongoing public dialogue ward and suffered by the lesbian and gay men surrounding gay and lesbian issues probably communities in this state, and elsewhere,” helped inform the judge’s ruling, as well as the Gallagher writes. Romer vs. Evans ruling. “So pernicious and pervasive has this odious “I think that ruling signaled to a number of activity become that it is incumbent upon the lower court judges that they should be more judiciary to scrutinize, carefully and thoroughly, receptive to hearing claims of discrimination by legislation and administrative rules which osten gays and lesbians,” he says. sibly are facially balanced or neutral, and hence The state attorney general has 30 days from appear to comport with constitutional mandates, the date the ruling was issued to decide whether to but which, in fact and in practical effect, merely appeal the case. Peter Cogswell, a spokesman disguise the very discriminatory practices consti with the attorney general’s office, says the case is tutional considerations proscribe,” he adds. “Con under review. While he says appeals are typical, stitutional law may mandate, like it or not, that he adds they are “not automatic.” customs change along with an evolving social order.” Cogswell further says the attorney general alone “has the ability” to proceed with an appeal, Gallagher stated that all of the couples “con but acknowledges a request from the governor “is ducted themselves as members of a ‘family.’... certainly something we would pay attention to.” [E]ach couple has enjoyed a long-term and com Gov. John Kitzhaber asked Attorney General mitted relationship identical to marriage, with the Ted Kulongoski to submit an amicus brief to the usual indices of such a union. In all respects, each nation’s high court outlining Oregon’s opposi couple has successfully maintained a loving, func tion to Amendment 2. Both men are considered tional, cohesive family-type relationship which allies of the gay and lesbian community. The they wish to maintain until parted by death. 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