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?

Catholic Charities Sue Ill. For Right To Anti-Gay Discrimination

Today in religious hubris news, three chapters of Catholic Charities (based in Peoria, Joliet and Springfield) have decided to sue Illinois in order to gain the right to take state money (as much as $30 million) but discriminate in who they provide adoption and foster care services to. As you may recall, on June 1, Illinois' civil unions law went into effect. In response, some local Catholic Charities have announced they would suspend foster care and adoption services altogether unless they have the right to violate Illinois Human Right Law which prohibits discrimination on the basis of sexual orientation (and race and marital status).

Simply astonishing. The Advocate has the deets:

In the suit, Catholic Charities for the dioceses of Springfield, Joliet, and Peoria claim that their state-funded adoption services are exempt from the civil unions law under provisions of the legislation as well as existing state religious freedom protections.

"Same sex couples' and unmarried cohabiting couples' application for adoption or foster care referrals could be fully and adequately serviced and accommodated (as they are now) by [the Illinois Department of Children and Family Services] referring them to other providers which do not share [our] conscientious religious objections," attorneys for the dioceses wrote in their complaint.

"On the other hand, the harm to plaintiffs and to the poor, needy and vulnerable third parties whom they serve, should no injunctive relief issue, would be severe and ... even unconscionable," they wrote.

The suit was prompted in part by a March 8 letter from Illinois attorney general Lisa Madigan's office inquiring into Catholic Charities of Springfield's existing policies and whether they violate the law.

"Please be advised that the Illinois Human Rights Act makes it a civil rights violation for any person to 'deny or refuse to another the full and equal enjoyment of facilities, goods, or services of any public place of accommodation' on the basis of unlawful discrimination," which includes sexual orientation and marital status as protected characteristics, the letter read in part.

In a Tuesday statement, a spokeswoman for the attorney general's office said of the suit, "Organizations that receive taxpayer funding to provide public services must comply with the law. Unfortunately, instead of working with the state to ensure compliance with child protection and civil rights laws, the dioceses have opted to go to court."

Filed on behalf of the dioceses by attorneys from the Thomas More Society in Chicago, the lawsuit comes after the announcement late last month that Catholic Charities in Rockford was pulling out of adoption services entirely — a decision described by one source as a possible "trial balloon" from the church to put pressure on the state assembly and attorney general's office. But "there's nothing to indicate that the governor or the assembly is interested in providing an exemption" for religious groups contracted by the state for adoption services, the source said.

Meanwhile, Catholic Charities' claim that Illinois is undermining its religious freedom in state adoption contracts has been criticized by several national LGBT legal and advocacy groups.

"It's outrageous," said Camilla Taylor, national marriage project director for Lambda Legal. "They're asking permission to put their desire to discriminate ahead of the welfare of children in state care. And they're asking to do this at taxpayer expense. It's a tragic result for children."

Even the head of Catholic Charities in Illinois, Anthony Riordan, recognizes that the position stated in the lawsuit is nonsensical, making this statement:

That the Catholic Charities adoption contracts in question are not private but rather funded to the tune of a reported $30 million annually by the state is not ultimately what this is about, he argued. "I think it's certainly a reasonable point: If you receive state funds, you have to follow the directives and the rules of the state," Riordan said. "But our position is that faith-based charities have religious liberties and certain rights of conscience."[emphasis added]

I wonder how far Catholic Charities would like these alleged religious liberties to go? The right to be exempt from age of consent laws? Statutes of limitation on child molestation lawsuits? Why stop at the human rights law and try to get exemptions for every law that they don't agree with?

It should be noted that the notion that religious beliefs should trump the concept of "equal justice under the law" and the underlying principle of public accommodations civil rights laws has been rearing it's ugly head in other contexts, most notably the fight to legalize marriage equality in New York State.

WATCH: Black Lesbian Couple 1st To Get Illinois Civil Union

Lakeesha Harris and Jeanean Watkins, a Black lesbian couple with a registered domestic partnership, were first in line to get their civil union license when Illinois civil unions law went into effect today, June 1. Governor Pat Quinn signed the bill into law earlier this year. Hawaii and Delaware also enacted civil union laws this year that go into effect later.

Hat/tip to Wonder Man.

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).

Illinois Becomes 16th State To Abolish Death Penalty

Illinois abolished the death penalty this week when Democratic Governor Pat Quinn signed SB 3539 into law, which was passed by the state legislature in January. There are now 16 states (not even 1/3 of the Union) which do not have their ability to waste money to kill their own citizens, regardless of the criminal conviction.

The New York Times reported:

Dozens of family members of victims had signed a letter to the legislature supporting the bill, arguing that capital trials and appeals “drag victims’ loved ones through an agonizing and lengthy process, which often does not result in the intended punishment.”


The current and future mayors of Chicago took different sides, with Mayor Richard M. Daley supporting capital punishment, and Rahm Emanuel, who will became mayor this spring, saying the ban was the right thing to do.


Illinois joins a wave of states that have reconsidered capital punishment. New Jersey abolished the practice in 2007. The New Mexico Legislature ended the death penalty in 2009. New Mexico’s newly elected governor, Susana Martinez, a Republican, has asked the Legislature to reinstate it, though bills to do so have stalled. The Connecticut legislature voted to abolish the penalty last year, but the governor at the time, M. Jodi Rell, a Republican, vetoed the measure.

Governor Quinn issued a statement:

Since the General Assembly passed this bill, I have met or heard from a wide variety of people on both sides of the issue. I have talked with prosecutors, judges, elected officials, religious leaders from around the world, families of murder victims, people on death row who were exonerated and ordinary citizens who have taken the time to share their thoughts with me. Their experiences, words and opinions have made a tremendous impact on my thinking, and I thank everyone who reached out on this matter.


After their guidance, as well as much thought and reflection, I have concluded that our system of imposing the death penalty is inherently flawed. The evidence presented to me by former prosecutors and judges with decades of experience in the criminal justice system has convinced me that it is impossible to devise a system that is consistent, that is free of discrimination on the basis of race, geography or economic circumstance, and that always gets it right.


As a state, we cannot tolerate the executions of innocent people because such actions strike at the very legitimacy of a government. Since 1977, Illinois has seen 20 people exonerated from death row. Seven of those were exonerated since the moratorium was imposed in 2000. That is a record that should trouble us all. To say that this is unacceptable does not even begin to express the profound regret and shame we, as a society, must bear for these failures of justice.


Since our experience has shown that there is no way to design a perfect death penalty system, free from the numerous flaws that can lead to wrongful convictions or discriminatory treatment, I have concluded that the proper course of action is to abolish it. With our broken system, we cannot ensure justice is achieved in every case. For the same reason, I have also decided to commute the sentences of those currently on death row to natural life imprisonment, without the possibility of parole or release.


I have found no credible evidence that the death penalty has a deterrent effect on the crime of murder and that the enormous sums expended by the state in maintaining a death penalty system would be better spent on preventing crime and assisting victims’ families in overcoming their pain and grief.


To those who say that we must maintain a death penalty for the sake of the victims’ families, I say that it is impossible not to feel the pain of loss that all these families share or to understand the desire for retribution that many may hold. But, as I heard from family members who lost loved ones to murder, maintaining a flawed death penalty system will not bring back their loved ones, will not help them to heal and will not bring closure to their pain. Nothing can do that. We must instead devote our resources toward the prevention of crime and the needs of victims’ families, rather than spending more money to preserve a flawed system.

As a long-standing member of Amnesty International, I say "Congratulations!" to Illinois. Governor Quinn has now signed into law death penalty abolition and civil unions enactment. The state is becoming a more progressive by leaps and bounds.

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!

Illinois Gov Signs Civil Unions Bill Into Law

The Democratic governor of Illinois, Pat Quinn, has signed a civil unions bill into law, making the state one of six in the country to provide same-sex couples as many state-based rights and responsibilities as possible.

From the governor's press release:

CHICAGO – January 31, 2011. Governor Pat Quinn was joined today by lawmakers, advocates and hundreds of Illinois residents as he signed a historic new law that makes Illinois one of just six states nationwide to legalize civil unions. Senate Bill 1716 ensures that for the first time in state history, couples united under a civil union – including same-sex couples – will have access to the full state legal rights and responsibilities enjoyed by couples that are married. 

“Today is an important day in the history of our state because today we are showing the world that the people of Illinois believe in equality for all,” said Governor Quinn. “We look forward to individuals and businesses from across the country choosing to move to Illinois where we believe that everyone is entitled to the same rights. I would like to thank Representative Harris and Senator Koehler for their hard work, and I am proud to sign this into law.” 

Senate Bill 1716, sponsored by Sen. David Koehler (D-Peoria) and Rep. Greg Harris (D-Chicago), creates the Illinois Religious Freedom Protection and Civil Union Act. Under the new law, both heterosexual and same-sex couples are allowed to enter into a civil union. By entering into a civil union, couples are afforded the same state rights and protections already entitled to married couples. 

“Not often in a legislator’s career do you get a chance to make such a significant impact on our state’s history, which this bill does by ensuring equality for tens of thousands of Illinois families,” said Rep. Harris. “I am very grateful to Governor Quinn for his steadfast support and leadership.” 

In addition to Illinois, five other states and the District of Columbia have civil unions or similar laws on the books. Those states include California, Nevada, New Jersey, Oregon and Washington. 

“This bill is important for thousands of Illinoisans and for our state as a whole, and I am honored to have been part of this groundbreaking legislation,” said Sen. Koehler.

Prior to Governor Quinn’s signature on SB 1716, same-sex couples in Illinois had been denied many rights enjoyed by couples who are married. New rights for couples joined in civil union include: automatic hospital visitation rights and the ability to make emergency medical decisions for partners; ability to share a room in a nursing home; adoption and parental rights; pension benefits; inheritance rights; and the right to dispose of a partner’s remains.

The Illinois Religious Freedom Protection and Civil Union Act goes into effect June 1.

New Jersey also has a civil unions law. The other states which have comprehensive domestic partnership laws are Washington, California, Nevada, and Oregon. In most of these states, their laws are restricted to same-sex couples or opposite sex couples over the age of 62. Vermont, New Hampshire, Iowa, Massachusetts, Connecticut and the District of Columbia all allow same-sex couples access to the same civil marriage licenses enjoyed by opposite-sex couples. Illinois' civil unions are available to same-sex and opposite-sex couples.

There are legislative attempts to enact civil unions in Colorado and Hawaii this year.