AUGUST 1. 2002
jUStOUt 13
northwest
New Law,
New Headaches
Think before you ink
by Julie Sabatier
regon’s new domestic part
nership law, House Bill
2007, might not he all it’s
cracked up to he, accord
ing to some lawyers.
“There are a couple of areas that
are of concern to me, where 1 think
people will think the new law will
protect them, but it won’t," said Beth
A. Allen of Allen^ Law, a firm that
focuses on the legal needs of the sex
ual minorities community. Allen is
also an adjunct professor who teach
es “Sexual Orientation and the Law”
at Lewis & Clark Law School. Allen,
a lesbian, calls herself “an unrelent
ing advocate for same-sex marriage.”
“I think [HB 2007] is a fantastic
step forward, and I in no way diminish
the value of the law or the efforts of
the people who have made it happen,”
she said. “It’s just that I’m really
Some lawyers advise protections in addition to the domestic
concerned that people will think it’s
partnership registry.
some sort of panacea that it’s not.”
One of Alien’s main concerns is the new law’s
“All of these things have to do with risk-taking.
portability. In other words, because it only applies
Is it worth spending the money on an adoption to
to couples living within the state of Oregon, it’s
be sure you’re not going to have problems?” said
unclear exactly what will happen to those couples, Johnson.
and their rights, should they leave the state.
Filing taxes will become much more complex
“That’s the $64,000 question: What will hap for people with domestic partnerships because
pen when you move to another state?” asked Mark
while they can file their Oregon tax return joint
Johnson, a gay lawyer with the Johnson Renshaw
ly, they’ll have to file their federal taxes as single
& Lechman firm and a member of the Basic Rights
individuals.
Oregon legal team. Johnson indicated that his
It’s unclear exactly how the new law will apply
comments are his personal opinions, not made on
to couples who have already been married in
BRO’s behalf.
Massachusetts or Canada. According to Allen, it’s
Although many of the legal questions surround possible to argue that a subsequent Oregon domes
ing HB 2007 will remain murky until the law goes
tic partnership would be ruled null and void in that
into effect next January, there are some things
case, although she cannot be sure how the scenario
every couple should know.
would play out in court.
"A state may rule that it doesn’t have to recog
“There’s 1,000 questions like this, and every
nize Oregon’s domestic partnership law because it is
one of them is potentially a lawsuit, and it’s going
contrary to their (state) law,” said Allen. This could
to be sorted out by judges over a long period of
cause problems in a number of areas including
time,” said Johnson. “Somebody’s going to have to
adoption, inheritance rights and, of course, taxes.
be the guinea pig."
Also, domestic partnership law is not retro
Johnson and Allen recommend couples seek
active and might not cover every aspect of the
professional help when the time comes to file taxes.
parent-child relationship. “If the child is bom after
“I assume that the Department of Revenue will
the law goes into effect, you will be entitled to
come up with a regulation and a mechanism for peo
child support in Oregon (if you split up],” said
ple to use,” said Johnson, who is not a tax attorney.
Allen. But what about kids bom before January
With such a new law affecting so many differ
2008? “If there’s not an adoption in place, other
ent legal areas, there are sure to be many new
than in Oregon, you’re taking a great risk that
precedents set along the way. This prospect should
you’re not going to get child support," Allen said.
not discourage people from exercising their new
This is why she recommends that all gay and
rights, but Allen and Johnson hope couples will
lesbian couples continue to do second-parent adop proceed with caution.
tions to ensure they will keep visitation and child
“I’m a divorce lawyer, so 1 spend 90 percent of
support rights if they split. The adoption will also
my time getting straight people divorced from each
other, and if I could have one thing be different
ensure that the child has inheritance rights as well as
the right to file a wrongful death suit if their non-
about the world, I would have people think about
what they’re doing before they do it,” said Johnson.
biological parent dies under suspicious circumstances.
“What 1 hope for our community is that people
Allen and Johnson recommend that couples
won’t make the same mistake. 1 hope that people
seriously consider filing wills, advanced directives
and other documents that could protect a spouse if will educate themselves before they go down and
register for a domestic partnership.” ©
their legal partnership is ever challenged.
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