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About Just out. (Portland, OR) 1983-2013 | View Entire Issue (March 3, 2000)
ummminews march 3. 2QÛ0 D on ’ t P ooh - pooh the P aperwork Washington court case involving gay partners 7 estate highlights the importance of writing a will by Inga Sorensen t didn’t matter that Frank Vasquez and and Education Fund, told the Tacoma News Tri Robert Schwerzler had been together for bune. “This court is clearly misguided. Instead of nearly three decades. It didn’t matter that trying to solve the problems that arise in a same- they created a home, or that they shared a sex relationship in a logical, fair and legal way, business. It didn’t matter that they, like the court has decided to pass the problem on to other longtime couples, intertwined their finan the Legislature.” cial assets. When one of the men died, the other She added: “The court’s decision is one more grieved like a lover should. argument for the proposition that same-sex cou None of this seemed to mat ples should be allowed to marry.” ter, though, to a Washington A Feb. 18 Tribune editorial noted: “If Frank state appellate court. What Vasquez was Franc ine Vasquez, he was significant, it seems, was that this couple com prised two partners of the same sex—and for that, they would pay. Last month, the Washington Court of Appeals Division II reversed a judges decision and ruled that the gay wid ower could not inherit ___ his partner’s estate. Under Washington state law, would have been treated much better. A recent the spouse—or the common-law state appeals court decision denied Vasquez, spouse in cases where there is no who is gay, the right to his longtime partner’s marriage—would be first in line estate. The ruling was probably right on the law, to inherit the property of some but it was also unfair. The decision points to the one who dies without a will, fol need for the Legislature to expand the protec lowed by the children, parents tion for couples—gay, straight or platonic—who and siblings. cohabit and maintain long-term, stable rela In its unanimous decision, the tions, but won’t or can’t marry." appellate panel ruled that the Barnett says his client will appeal the appel state’s community property law late court’s decision to the state Supreme Court. applies only to heterosexual cou ples—be they married or common- hough the case occurred in Washington, law—but not same-sex couples. Portland attorney Mark Johnson says the The fact that Vasquez and Schwerzler had basic concept of doing the paperwork applies to been together in a committed 30-year relation gay men and lesbians everywhere. ship didn’t cut it with the “This particular case is court. just one example of why it’s In its unanimous so important to make a will,” "We find no precedent for decision ; the appellate he tells Just Out. applying the marital con But many people simply cepts, either rights or protec panel ruled that the state's don’t do it. They’re busy with tions, to same-sex relation ships.... Community proper community property law meetings and kids and gro ceries and films to view ty law clearly applies only to applies only to opposite-sex relationships. before the Oscars. There’s also the fact, says Johnson, Such an extension of the law heterosexual couples — that “nobody wants to think is for the Legislature to about dying.” decide, not the courts,” Judge be they married or But die we do, and unless C.J. Bridgewater wrote in the common-law— but not you cover your bases, you decision. could wind up in a legal Vasquez was denied same-sex couples. imbroglio. Schwerzler’s $230,000 estate, “It can cost thousands of including the home they The fact that Vasquez and dollars to wage a legal battle, shared. Schwerzler had been and still there’s no certain Schwerzler passed away he says. “In most five years ago at the age of 78. together in a committed outcome,” cases people don’t have the He did not leave a will. After Schwerzler’s death, -year relationship didn't resources to keep fighting, and they eventually give up.” Vasquez’s attorney, Terry Bar cut it with the court According to Johnson, if nett, went to court to argue the deceased has a will, well, that his client should be able to inherit as would a common-law spouse. it’s virtually a slam dunk. “Basically, yes,” he says. “If the will is proper Pierce County Superior Court Judge Vicki Hogan agreed, but Schwerzler’s siblings ly done, then it should be OK.” appealed—and won. “The court here has drawn a bright line say ■ Just Out welcomes letters to the editor. Express ing that the well-established community proper your opinion in 500 words or less addressed to ty rules that apply to heterosexual couples don’t justout@justout.com or P.O. Box 14400, Portland, apply to same-sex relationships," Jennifer Pizer, OR 97293*0400. Letters may also be submitted managing attorney for Lambda Legal Defense online at www.justout.com. 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