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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