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  WINDY CITY TIMES

Legal Advances in Conn., Md., Loss in Oregon
by Bob Roehr
2005-04-20

This article shared 1445 times since Wed Apr 20, 2005
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Connecticut has passed civil-unions legislation that includes same-sex couples. The measure falls short of full marriage rights, which some gay advocates had sought.

Conservative legislators in the House added a clause at the last minute that restricts marriage to between a man and a woman. It was adopted and the bill passed by a vote of 85-63 on April 13.

The bill has already passed the Senate by a 27 to 9 margin, after declining to add the conservative amendment. It now must go back to the Senate with the amendment. It is unclear what gay advocates and the Senate will do.

Republican Gov. M. Jodi Rell has said she will sign the House version of the bill, which clarifies her concerns on the marriage issue.

When finalized, Connecticut will become the first state to enact legislation governing civil union without pressure to do so from the courts. The measure is similar to one creating civil unions that was enacted in Vermont in 2000, under direction of that state's supreme court.

A Quinnipiac University poll shows that Connecticut voters support civil unions for gays by a margin of 56 to 37 percent.

They're more closely divided on extending marriage rights to gays, opposing it 53 to 42 percent.

Love Makes a Family is a leading GLBT advocacy coalition in Connecticut. President Ann Stanback called passage of the legislation 'bittersweet' because of the amendment limiting marriage to between a man and a woman. 'It's also surprising because, even last night, we had the votes to stop it.' The amendment passed 80 to 67.

Mary Bonauto called the civil-unions legislation 'well-intentioned' but 'designed to deny something that is even more important, which is marriage.' The attorney for Gay & Lesbian Advocates and Defenders ( GLAD ) has filed suit on behalf of gay and lesbian couples seeking to marry. That case continues in the courts.

The Maryland legislature passed three pro-gay measures in the closing days of the session that ended April 11. One would add gays to the state hate-crimes law. The second would exempt same-sex couples from paying a homeowner tax when transferring title of their property from single to joint ownership, as is currently the case when married couples transfer title.

The most controversial bill is the Medical Decision Making Act, which would create a registry of life partners for 11 enumerated decisions in this area. Unmarried persons of the same or the opposite sex could enroll.

Republican Gov. Robert Ehrlich is under pressure not to sign it from social conservatives who call it a first step toward gay marriage.

He has about a month in which to decide.

OREGON MARRIAGES VOIDED

The Oregon Supreme Court voided nearly 3,000 marriage licenses issued to same sex couples last year by officials in Multnomah County, which includes Portland. The April 14 decision was not a surprise, as voters in November approved a state constitutional amendment limiting marriage to between a man and a woman.

The court ruled that state law never allowed the issuing of marriage licenses to same-sex couples and that local officials overstepped their authority in issuing them. The court concluded, 'They were issued without authority and were void at the time that they were issued.' Subsequent passage of the constitutional amendment sealed their fate.

The Oregon decision is similar to an earlier one by the California courts, which voided marriage licenses issued to same-sex couples when it ruled that local officials did not have the legal authority to issue them in the first place.

David Fidanque, executive director of the American Civil Liberties Union ( ACLU ) of Oregon, was not surprised by the ruling. The ACLU had played a leading role in the legal challenge. He called it 'A speed bump in the road for basic fairness for all families.'

Roey Thorpe, executive director of the GLBT group Basic Rights Oregon, noted that the court did not rule on the central question of whether the Oregon constitution requires equal protections for the relationships of same-sex couples. It will push for enactment of a civil-unions bill now before in the legislature.


This article shared 1445 times since Wed Apr 20, 2005
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