RI Gov Blasts (But Signs) Discriminatory Civil Unions Bill

Rhode Island Governor Lincoln Chaffee

Usually when a governor signs a civil union bill into law the LGBT community celebrates, but not this time. Rhode Island Independent Governor Lincoln Chaffee signed a civil unions bill into law over objections from a coalition of LGBT groups and opposition from religious heterosexual supremacists.

The debate is over the Corvese Amendment, which looks like:

15-3.1-5. Conscience and religious organizations protected. – (a) Notwithstanding any other provision of law to the contrary, no religious or denominational organization, no organization operated for charitable or educational purpose which is supervised or controlled by or in connection with a religious organization, and no individual employed by any of the foregoing organizations, while acting in the scope of that employment, shall be required:

(1) To provide services, accommodations, advantages, facilities, goods, or privileges for a purpose related to the solemnization, certification, or celebration of any civil union; or

(2) To solemnize or certify any civil union; or

(3) To treat as valid any civil union; if such providing, solemnizing, certifying, or treating as valid would cause such  organizations or individuals to violate their sincerely held religious beliefs.

(b) No organization or individual as described in subsection (a) above who fails or refuses to provide, solemnize, certify, or treat as valid, as described in subdivision (a)(1), (a)(2) or (a)(3) above, persons in a civil union, shall be subject to a fine, penalty, or other cause of action for such failure or refusal.

This is an incredibly broad religious exemption. Basically, it allows Catholic hospitals to deny life-saving medical decisions by one member of a civil union. In fact it allows any "religious" organization (or individual employee of such an organization) to completely ignore a civil union.

When Governor Chaffee signed the bill into law, according to the Middleton Patch he said:

That exemption, "gives these institutions and their employees the choice of refusing to recognize civil unions. As a result, a party to a civil union could be denied the right to make medical decisions for his or her partner, denied access to health insurance benefits, denied property rights in adjoining burial plots or denied family memberships at religiously-affiliated community centers. If religiously-affiliated hospitals, cemeteries, schools and community centers refuse to treat civil unions as valid, it would significantly harm civil union partners by failing to protect their medical, physical and commercial interests at critical moments in their lives," Chafee wrote. "This extraordinary exemption eviscerates the important rights that enacting a civil union law was meant to guarantee for same sex couples in the first place." 

"I am signing this bill because I believe that same sex couples should have the same legal rights, benefits, protections and responsibilities as heterosexual couples. Although this measure is a step forward, it fails to fully achieve those goals in its present form," Chafee wrote.

What's so bizarre about this fight is that Rhode Island already recognizes same-sex marriages from other jurisdictions. So, if one Rhode Island couple gets married in New York and another Rhode Island couple gets civilly united in Rhode Island, it is the locally wed couple that can be legally discriminated against under this law, while the externally married couple can NOT be discriminated against in the same fashion.

Why would any same-sex couple apply for a Rhode Island civil union when they can apply for a legal marriage license in New York (which has no residency requirement) starting TODAY?

Delaware Legislature Passes Civil Unions Bill!

Following the passage of the State Senate last Friday by a vote of  13-6, the State House today passed the bill by a vote of 26-15.

The Washington Blade has the story:

"Today, we celebrate a victory for all Delaware families who will have the tools to protect themselves in good times and in bad,” said HRC President Joe Solmonese. “We look forward to Governor Markell signing this bill into law and thank Senator Sokola and Representative George for their leadership on this bill, and Equality Delaware for their tireless dedication.”

The bill, SB 30, cleared a key hurdle on Wednesday when the House Administration Committee voted 4-1 to approve it and send it to the House floor, with House Republican leader Gregory Lavelle voting for it.

[...]

The bill creates “the recognized legal relationship of civil unions” for same-sex couples and provides them with “all of the same rights, benefits, protections and responsibilities as married persons under Delaware law.”

The bill states that it is not the intention of the legislature “to revise the definition or eligibility requirements of marriage under Delaware law or to require any religious institution to perform solemnizations of civil unions.”

Similar to civil unions bills approved in other states, the Delaware bill would not provide same-sex couples with any federal rights or benefits associated with marriage. The Defense of Marriage Act, which Congress passed and President Bill Clinton signed in 1996, bars same-sex couples from receiving federal marriage-related rights or benefits.

Lisa Goodman, president of the board of Equality Delaware, a state LGBT group coordinating lobbying efforts for the bill, said the group and other LGBT organizations and advocates determined they didn’t have the political support in the state to pass a same-sex marriage bill.

Goodman, an attorney in private practice, said the civil unions law would provide same-sex couples and their families, including children, with crucial legal protections that they don’t currently have.

Delaware becomes the eighth state to offer comprehensive statewide protections for same-sex couples, following: Illinois, Hawaii, New Jersey, Nevada, California, Oregon, and Washington. 5 states and the District of Columbia allow same-sex couples to get married (Iowa, Massachusetts, Vermont, Connecticut and New Hampshire).

Hawaii Legislature Passes Transgender Civil Rights Bill

Good news from Hawaii! The legislature has put finishing touches on passing HB 546, a bill to prohibit discrimination in employment based on gender identity or expression, with a vote of 22-2 in the State Senate, following an earlier vote of  42-4 in the State House. Hawaii law already banned discrimination in public accommodations and housing on the basis of gender identity and sexual orientation.

Governor Neil Abercrombie earlier this year signed a civil unions bill into law, and has said he will sign this measue into law, as well, making Hawaii the 13th state to ban employment discrimination based on gender identity, some 20 years after the state banned employment discrimination based on sexual orientation.

Hawaii Governor Signs Civil Unions Bill Into Law

On Wednesday February 23 Hawaii Governor Neil Abercrombie signed Senate Bill 232 into law, making Hawaii the seventh state to legalize civil unions. The Democratic governor fulfilled a campaign promise and reversed a decision made by Republican Governor Linda Lingle one year ago. When Hawaii's civil unions law goes into effect on January 1, 2012 it will allow opposite-sex and same-sex couples access to all the rights, responsibilities and benefits of marriage that the state of Hawaii can provide them while not calling such unions marriages.

The Honolulu Star-Advertiser reported:

"E Komo Mai: It means all are welcome," Abercrombie said in remarks before signing the bill into law. "This signing today of this measure says to all of the world that they are welcome. That everyone is a brother or sister here in paradise." 

"The legalization of civil unions in Hawaii represents in my mind equal rights for all people," he said.

The other states that have civil unions (or comprehensive domestic partnership statutes) which provide all the state rights, responsibilities and benefits of marriage through a "separate but equal" legal status are:  California, Oregon, Washington, Nevada, New Jersey and Illinois. Only the last two of these states actually call their laws "civil unions." The laws in these states are open to opposite-sex and same-sex couples. Three other states, New Hampshire, Vermont and Connecticut previously had civil unions laws on the books which were superseded by the enactment of marriage equality in those states. The states with comprehensive domestic partnership laws generally limit eligibility to opposite-sex couples where one partner is above 62 and all adult same-sex couples.

Hawaii Legislature Passes Civil Unions Bill!

Just a few weeks after Illinois' civil union bill was signed into law, Hawaii is rushing to join in the action. Today, the Hawaii State House passed SB 232 by a vote of 31-19, following up on an earlier 19-6 vote by the State Senate on similar legislation. The bill needs to go back to the Senate for a quick concurrence on amendments and then on to Democratic Governor Neil Abercrombie's desk, who has promised to sign it into law, unlike Republican Governor Linda Lingle who vetoed an almost identical measure named HB 444 last year.

Interestingly, Hawaii's civil unions bill, unlike California's comprehensive domestic partnership law, is open to both same-sex and opposite-sex couples of any age:

Senate Bill 232 would grant same-sex and heterosexual couples the ability to enter into a civil union with all of the rights, protections, benefits and responsibilities of traditional marriage.
 
The House changes — recommended by the state Attorney General's Office — clarify that because civil unions will not be recognized under federal law, certain provisions of the Internal Revenue Code that apply to husbands and wives in Hawaii would apply with the same force and effect to partners in civil unions. Family Court will also have jurisdiction in matters of annulment, divorce and separation in civil unions, as the court does over marriages.

Reactions to the news of Hawaii's historic step came swiftly from the usual suspects:

Evan Wolfson, Freedom to Marry:  

“By again resoundingly passing a civil union bill that Governor Neil Abercrombie has promised to sign, Hawaii’s legislature acted to acknowledge the state’s loving and committed gay and lesbian couples and their families and to provide them a measure of protections under the law – protections of particular importance during these tough economic times.   This is a victory for all families, because it strengthens the lives of many couples and their loved ones while taking nothing away from anyone else, thereby strengthening the entire ohana, the entire community.  Freedom to Marry applauds Equality Hawaii for its leadership in securing needed protections for Hawaii’s families. 

“While a welcome step, civil union is no substitute for the full measure of respect, clarity, security, responsibilities, and protection of marriage itself.  States that have created civil union as a means of both giving and withholding – providing legal protections while withholding the freedom to marry and all its meaning – have found that civil union falls far short of marriage with all its tangible and intangible significance in our lives.  Many of those states – Connecticut, New Hampshire, and even Vermont, which first created civil union – have since pushed past civil union to marriage, recognizing the inadequacy and unfairness of a separate and unequal status. 

“Loving and committed same-sex couples have the freedom to marry in 12 countries on four continents – as well as in 5 states and the District of Columbia here at home – and the sky has not fallen and the sun continues to rise every morning.  As soon as the governor signs the final bill, Hawaii should move swiftly to finish the job by ending exclusion from marriage itself, allowing all committed couples to share in the same responsibilities, same respect, and same rules.”

Equality Hawaii and Human Rights Campaign 

“Today is a great day for the people of Hawaii,” said Alan Spector, co-chair for Equality Hawaii.  “The action taken by the House today sends a strong message that our state recognizes the importance of moving towards equality.  Providing equal rights to the lesbian, gay, bisexual and transgender community is long overdue and we thank all those who have stood with us to make this day a reality.” 

After minor changes were made in the House, the bill now heads to back to the Senate for agreement on the amendments before heading to Gov. Neil Abercrombie for his signature.  SB 232 SD1 passed the Hawaii Senate on January 28, by a 19-6 vote.  Except for some technical corrections and implementation amendments, the bill is identical to HB 444, the civil unions bill passed in 2010.  That bill passed the House and Senate with near supermajorities before Gov. Linda Lingle vetoed it.  No override vote was held. 

“The Human Rights Campaign congratulates the Hawaii House of Representatives for overwhelmingly supporting the equal dignity and respect of Hawaii’s lesbian, gay, bisexual and transgender families,” said Joe Solmonese, president of the Human Rights Campaign.  “No child of a same-sex family should have to grow up with less protections or thinking their family is less legitimate or loving than others.” 

The Human Rights Campaign and Equality Hawaii have worked closely together since 2008 to build both public and legislative support for civil unions.  Through this joint effort, tens of thousands of phone calls, emails, postcards and handwritten letters have been sent to legislators urging them to approve this legislation. 

Mahalo, Hawaii!

Celebrity Friday: Sabrina McKenna, openly lesbian Hawaii Sup Ct nominee

Sabrina McKenna, 53, is the first openly gay person
nominated to the Hawaii Supreme Court

Great news out of Hawaii! Democratic Governor Neil Abercrombie has nominated Sabrina Shizue McKenna, an openly lesbian Sate Trial Court judge, to that state's 5-member highest court.

The Star Adviser reports:

In making his first judicial nomination, Gov. Neil Abercrombie called the appointment "the most important decision" in his career.

"This appointment sets the course for the state and its legal direction for the next several years," he said. "I'm completely confident that Judge McKenna's appointment will be something I'm proud of for the rest of my life."

[...]

McKenna would be the first openly gay member of the Hawaii Supreme Court.

McKenna's sexual orientation was not brought up during the ceremonies, but she said that all judges bring to the bench their own personal experiences.

"I would like to believe that because of my background and my life experiences, I bring sensitivity to those who may not have been born into a life of privilege, a sensitivity to those whose life circumstances make it difficult for them to conform with all of society's expectations," she said.

"I try to bring compassion to the court."

She later said she was not only referring to her sexual orientation, but her gender and her upbringing in Japan by her mother after her father died when she was 9.

McKenna said the significance of being the first openly gay member on the court would be that it could give "hope to people who feel that they cannot succeed" because of a variety of reasons, including being gay.

California currently has an imminent vacancy on its 7-member state Supreme Court. Colorado and Oregon are the only other states with openly gay Justices currently. Congratulations to Hawaii!

Hat/tip to Joe.My.God