Equality Forum Launches Project 1138 Web Site

Equality Forum, an international gay, lesbian, bisexual and transgender civil rights organization, has recently launched the Project 1138 Web site.

What Is Project 1138?
Project 1138 increases awareness of the 1,138 federal marital benefits and protections denied to same-sex couples as the result of marriage inequality.

How Did It Originate?
In January 1997, Senator Bill Frist, the Republican Majority Leader, asked the General Accounting Office (GAO) to identify how many federal benefits were contingent on being married. The GAO reported that the number of federal benefits was 1,138.

Share Your Story.

For more than a thousand reasons, YOUR relationship deserves equal treatment under the law. Take a stand against marriage inequality and share your story. Participate in Equality Forum's Project 1138 blog! Separate is not Equal. Separate is not Equality.

Check out their site at www.1138project.blogspot.com

D.C. Council Gives Final Passage to Same-Sex Marriage Bill

From HRC

The Human Rights Campaign, the nation’s largest lesbian, gay, bisexual and transgender (LGBT) civil rights organization, applauded the Washington, D.C. Council’s overwhelming vote today for final passage of legislation recognizing same-sex marriage.

“Today’s vote is a victory for all D.C. residents, whose relationships will soon be treated equally and fairly in the eyes of the law,” said Human Rights Campaign President Joe Solmonese. “This legislation is an important and historic step towards equal dignity, equal respect and equal rights for same-sex couples here in our nation’s capital, which also preserves the right of clergy and congregations to adhere to their faiths. The legislation the Council passed today reinforces the legal equality and religious freedoms to which all D.C. residents are entitled.”

“Congratulations to the D.C. Council – particularly Councilmember David Catania who spearheaded this bill - Mayor Fenty and the many advocates of equality in our community who have worked so hard for, and will vigorously fight to protect marriage equality in D.C. We look forward to the Mayor’s signature and the day not too far off when same-sex couples in D.C. will be able to enjoy all the rights and responsibilities of civil marriage,” added Solmonese.

The D.C. Council voted today 11 to 2 to give final approval to the Religious Freedom and Civil Marriage Equality Amendment Act of 2009. The vote recognizing same-sex marriage was the second in two weeks for the Council, which approved the bill in an initial vote on December 1, 2009 by the same margin. Since last July, D.C. law has recognized marriages by same-sex couples from other jurisdictions, including foreign countries. The new legislation would permit same-sex couples to marry in D.C. itself while ensuring that clergy and religious organizations would not be required to provide services, accommodations, facilities or goods for the solemnization of a same-sex marriage.

The legislation now goes to the desk of Mayor Fenty, who has said he will sign it. The law would take effect at the conclusion of the Congressional review period, which lasts for 30 legislative days following the Mayor’s signature.

Opponents of marriage equality have attempted to overturn the legislation by proposing a ballot initiative to define marriage as between a man and a woman. The D.C. Board of Elections and Ethics ruled last month that the proposed initiative would violate the D.C. Human Rights Act and therefore was not a proper subject matter for the referendum process under D.C. law. Opponents have sued in D.C. Superior Court despite the fact that last June, a Superior Court judge ruled that a similar proposed referendum prohibiting recognition of marriages by same-sex couples performed in other jurisdictions would violate the D.C. Human Rights Act and therefore was ineligible for the ballot.

At this time, five states recognize marriage for same-sex couples under state law: Massachusetts, Connecticut, Iowa, Vermont and New Hampshire (effective January 1, 2010). New York recognizes marriages by same-sex couples legally entered into in another jurisdiction. Five states—California, New Jersey, Oregon, Washington, and Nevada—plus D.C. provide same-sex couples with access to the state level benefits and responsibilities of marriage, through either civil unions or domestic partnerships.

Hawaii, Colorado, Maine, Maryland and Wisconsin provide same-sex couples with limited rights and benefits. California recognized marriage by same-sex couples between June and November of 2008, before a slim majority of voters approved Proposition 8, which purports to amend the state constitution to prohibit marriage equality. Couples married during that window remain married under California law, but all other same-sex couples can only receive a domestic partnership within the state. The state will recognize out of state same-sex marriages that occurred before November 5, 2008 as marriages and those that occurred on or after November 5, 2008 as domestic partnerships. The Prop. 8 vote has been challenged in federal court; a decision is not expected any time soon.

Same-sex couples do not receive federal rights and responsibilities anywhere in the United States. To learn more about state by state legislation, visit: www.hrc.org/state_laws.

The Human Rights Campaign is America’s largest civil rights organization working to achieve lesbian, gay, bisexual and transgender equality. By inspiring and engaging all Americans, HRC strives to end discrimination against LGBT citizens and realize a nation that achieves fundamental fairness and equality for all.

Support Rises for Civil Unions for Gay Couples

The Associated Press reported today that an increasing majority of Americans favors allowing same-sex couples to obtain most of the same rights as married straight couples, but only 39 percent support legalization of same-sex marriage, according to a poll released Friday. The Pew Research Center said support for civil unions has risen to 57 percent, up from 54 percent a year ago and 45 percent when the question was first asked by Pew in 2003.

Views on legalizing same-sex marriage remained almost unchanged from last year, with 53 percent opposed and 39 percent in favor, the center said.

Supporters of same-sex marriage were divided over the best way to pursue legalization. Forty-five percent of those surveyed favored pushing hard to legalize it as soon as possible, while 42 percent said pushing too hard for swift legalization might trigger a backlash against gays and lesbians.

There was more support for same-sex marriage among women, adults under 30 and college-educated people.

Same-sex marriage is legal in Massachusetts, Connecticut, Iowa and Vermont, and will begin in New Hampshire in January.

A November referendum in Maine will determine the fate of a same-sex marriage bill passed by the Legislature in May, and the City Council in Washington, D.C., is to vote soon on the issue.

This article appeared on page A - 4 of the San Francisco Chronicle

Nevada's New Domestic Partnership Law

By ED VOGEL
LAS VEGAS REVIEW-JOURNAL CAPITAL BUREAU

Las Vegans Earl Shelton and Richard Kuta are not considered married, but they will have virtually all the rights of married couples as a result of Nevada's new domestic partnership law taking effect today.

"We feel sheer and utter joy about the law," said Shelton, publisher of QVegas, an information magazine for Southern Nevada gays and lesbians.

"Passing it was another footstep in the right direction."

About 700 same- and opposite-sex couples are scheduled to receive certificates today recognizing them as legal domestic partners. Shelton and Kuta will be among them.

Gay and lesbian couples look at today as historic in their quest to secure civil rights. Seven years ago, such a day might not have seemed possible after two-thirds of Nevadans approved the Protection of Marriage constitutional amendment that defines marriage as between a man and a woman.

"This is one of those situations that I never thought would happen," said Sen. David Parks, D-Las Vegas, the only openly gay member of the Legislature. "Our society has moved forward."

With passage of Parks' bill, Nevada became one of 12 states that permit gay and lesbian couples to secure domestic partnerships. Iowa, Massachusetts, Connecticut and Vermont allow same-sex couples to marry. New Hampshire will permit same-sex marriages starting Jan. 1.

Language in the enabling bill, Senate Bill 283, specifies that gay and lesbian couples in Nevada are not considered married, but enjoy other rights married couples have.

Those rights include the ability to make health care decisions for each other, hold community property and not be required to testify against a partner in court cases.

The law also states that companies that offer health care benefits to their employees may provide benefits to their domestic partners, though that is not required.

The Nevada domestic partner statute does not affect federal laws. That means a person cannot claim a partner as a spouse to file a joint income tax return or secure Social Security benefits of a deceased partner.

Secretary of State Ross Miller and Parks will be on hand at the state Capitol this morning and at the Sawyer Building in Las Vegas in the afternoon to hand out domestic partner certificates.

Most couples, however, are having them sent to their residences. The couples who will receive the initial certificates are those who pre-registered for domestic partnership between Aug. 24 and Sept. 24.

Richard Ziser, who led the drive in Nevada to define marriage in the state constitution as being between a man and a woman, said no decision has been made by his Coalition for Protection of Marriage organization to challenge the domestic partnership law.

Lawyers told him it would be easier to overturn the law through a public referendum rather by going to court. But public referendums require petition gathering, which is very costly, Ziser added.

Tod Story, a board member of the Gay and Lesbian Community Center in Las Vegas, said passage of the domestic partnership law shows Nevada remains a "live and let live state."

He and his longtime partner will receive their domestic partnership certificate today.

"What same sex couples are trying to accomplish is equal rights," Story said. "We want to have the opportunity to have our relationships recognized by law and to be treated equally."

George Flint, the owner of a wedding chapel in Reno and legislative lobbyist for the industry, said his and other chapels will offer commitment ceremonies for same-sex couples.

"This is really a good thing for Nevada," Flint said. "When we have a commitment ceremony, they will first sign a statement that it is nothing more than a blessing, not a marriage. But it makes them feel good."

Flint expects as time goes on more opposite-sex couples will file for domestic partnerships.

Parks added domestic partnerships also will help older people, especially women, who live in the same home and may not even have a romantic relationship. Through domestic partnerships, they could make medical decisions for each other.

Miller said the 700 couples who so far have sought the certificate exceeded his expectations. It is about twice the number as in Wisconsin, a state with a domestic partner law and with a much larger population than Nevada.

"We really didn't know how many to expect," he added.

Nationally there are about 150,000 same-sex couples who reported last year that they were in a relationship akin to that of married couples, according to a recent U.S. Census Bureau study. Las Vegas lawyer Jim Shaw conducted about 12 seminars with gay and lesbian groups about the new law. He found people were eager to learn about it. The biggest questions were whether other states would recognize Nevada domestic partners and whether Nevada would recognize their civil unions, according to Shaw.

"There are a lot of uncertainties," he said. "There is no yes or no answer."

The domestic partnership law says Nevada won't recognize same-sex marriages from other states but will recognize unions similar to our domestic partnerships. For Nevada to recognize another state's domestic union, the law says, the couple needs to secure a domestic partnership in Nevada.

Reno employment lawyer Anthony Hall also expects litigation will eventually be filed regarding same-sex couples who are denied Federal Family Leave Act benefits. This federal law grants spouses up to 12 weeks of unpaid leave to care for sick husbands or wives.

Although Nevada law does not give federal rights to domestic partners, the Family Leave Act itself states the leave will be granted by states to spouses according to how they define a husband or wife.

Hall said this could mean a case can be made that Nevada's domestic partners should receive family leave benefits.

"It is a big open question in employment law," Hall said.


Source: Las Vegas Review Journal

Almost 150,000 GLBT Couples Report Being Married

The Associated Press announced yesterday that almost 150,000 same-sex couples reported being in married relationships last year, much more than the number of actual weddings and civil unions, according to the first U.S. census figures released on same-sex marriages.

About 27 percent of the estimated 564,743 total gay and lesbian couples in the United States said they were in a relationship similar to that of straight couples' husband and wife, according to the Census Bureau tally. That's compared with 91 percent of the 61.3 million total opposite-sex couples who reported being married.

A consultant to the Census Bureau estimated there were about 100,000 official same-sex weddings, civil unions and domestic partnerships in 2008.

Analysts said the disparities are likely a reflection of same-sex couples in committed relationships who would get married if they could in their states. The numbers are also an indicator of the count to come in the 2010 census, a tally that could stir a state-by-state fight over same-sex marriage, gay adoption and other legal rights.

Nationwide, about 56 percent of the 149,956 total same-sex marriages in the census survey last year were lesbian couples. Same-sex spouses were reported in every state; specific breakdowns weren't immediately available.

The numbers come as the Census Bureau prepares to make an official count of same-sex marriages, unions and partnerships for the first time in the 2010 head count, after the Obama administration's decision to provide the numbers under pressure from gay rights groups.

Source: Associated Press

Will Maine Lose Gay Marriage Rights?

Maine's election officials announced today that they had received enough signatures to put an anti-gay marriage law on the November ballot, setting the stage for a two-month campaign that'll determine whether the number of states allowing same-sex marriage will shrink to five.

Maine's gay marriage law was to go into effect on Sept. 12, but it was put on hold while the secretary of state's office verified the number of signatures. With the signatures validated, Gov. John Baldacci on Wednesday signed a formal proclamation putting the gay marriage law to a statewide vote Nov. 3.

"I fully support this legislation and believe it guarantees that all Maine citizens are treated equally under our state's civil marriage laws," Baldacci said. "But I also have a constitutional obligation to set the date for the election once the secretary of state has certified that enough signatures have been submitted."

The announcement was anticipated.

Gay marriage opponents needed at least 55,087 registered voters signatures for the "People's Veto," and they turned in almost 100,000 signatures. Secretary of State Matthew Dunlap said officials stopped counting once they found that 60,391 of the submitted signatures were valid.

Election officials were facing a deadline of Sept. 4 -- 60 days before the election -- to certify the signatures. Otherwise, the vote would've had to wait until June.

Jesse Connolly, campaign manager for NO on 1/Protect Maine Equality, said it's no surprise that so many signatures were collected because professional signature gatherers were used. "Theirs is a cynical, pay-for-every signature approach that doesn't reflect the homegrown values of our state," he said in a statement.

The Rev. Bob Emrich, who supports the repeal of the gay marriage law, brushed aside the criticism.

"The facts are that tens of thousands of Maine citizens signed the petition," said Emrich, the minister at Emmanuel Bible Baptist Church in Plymouth. "Now we'll be on the ballot and we'll let the people of Maine make the decision."

Maine became the fifth state to allow gay marriage when Baldacci signed the bill on May 6, and New Hampshire became the sixth when Gov. John Lynch signed a bill less than a month later. New Hampshire's law goes into effect Jan. 1. Massachusetts, Connecticut, Vermont and Iowa also allow same-sex couples to marry.

Sorce: Boston Globe

West Hollywood to Install Plaque Honoring Gay Marriages

A bronze marker engraved with a quote from Nelson Mandela will be placed at a park in West Hollywood where some of the first same-sex marriages in California were performed.

The City Council plans to unveil the rectangular plaque at its Sept. 8 meeting before permanently installing it at West Hollywood Park off North San Vicente Boulevard, a site which was full of pride June 17, 2008, when same-sex couples could legally marry for the first time in California.

“It happened on a single day but it went on for months,” said Jeffrey Prang, the West Hollywood councilman who thought of the plaque. “And it meant something much bigger than that.”

The plaque will bear one of the former South African president’s noteworthy remarks: “I am not truly free if I am taking away someone else’s freedom, just as surely as I am not free when my freedom is taken from me. The oppressed and the oppressor alike are robbed of their humanity.”

Read more at LA Times

January trial set for U.S. court challenge to California's gay-marriage ban

The San Jose Mercury new reports that a federal judge on Wednesday set a Jan. 11 trial date for the legal challenge to Proposition 8, setting the stage for the most exhaustive legal review of a state's ban on gay marriage in any court in the nation.

During a hearing in San Francisco, Chief U.S. District Judge Vaughn Walker ordered lawyers on both sides of the case to gear up quickly for the trial, which foes of California's same-sex marriage ban hope will be the first step in getting the legal fight over same-sex marriage to the U.S. Supreme Court.

Backed by former U.S. Solicitor General Theodore Olson and prominent lawyer David Boies, two same-sex couples sued in federal court this past spring to overturn Proposition 8, approved by voters in fall 2008 to restore California's ban on gay marriage. The lawsuit maintains Proposition 8 violates the federal constitutional rights of gay and lesbian couples by denying them the same right as straight coouples to marry, and it marks what is likely to be the first crucial legal test in the federal courts concerning the issue.

The California Supreme Court this past spring upheld Proposition 8, which amended the California Constitution to outlaw same-sex marriage, but the justices left intact an estimated 18,000 gay marriages that took place last year before voters approved the measure by 52 percent to 48 percent. Those weddings took place after the state Supreme Court struck down the state's previous laws banning same-sex marriage.

Wednesday's hearing, Walker refused to allow a coalition of gay rights groups to directly join the lawsuit, concluding that the current plaintiffs can adequately mount a challenge to Proposition 8 on their own.

The plaintiffs had urged Walker to deny the groups' request, still upset that those organizations originally opposed taking the legal fight over gay marriage into the federal courts at this point. The groups include the American Civil Liberties Union, Lambda Legal and the National Center for Lesbian Rights, which have led the legal fight over gay marriage in state courts around the country but worry about how the conservative U.S. Supreme Court might rule on the issue.

Walker also rejected a bid by the conservative Campaign for California Families to join the case to defend Proposition 8, finding that Proposition 8 supporters can defend the law alone. California Attorney General Jerry Brown, who has argued the law is unconstitutional, is not defending the law, nor is Gov. Arnold Schwarzenegger, who has taken no position.

Walker took a swipe at Schwarzenegger's reserve at the conclusion of Wednesday's hearing, saying, "I must say, I'm surprised at the governor's position in this case. "... This is a matter of some importance to the people of the state."

The governor's lawyer declined to comment on the judge's remarks.

The judge did permit the city of San Francisco, which has led the legal fight over California's marriage laws, to join the case, and indicated the other groups can present their legal arguments through friend-of-the court briefs.

The January trial is likely to be the first step in a long process before the Proposition 8 challenge reaches the Supreme Court. Even after Walker decides the case, it is certain to be appealed to the 9th U.S. Circuit Court of Appeals next year, and that court could take months or longer to rule before the challenge can reach the high court.

Walker previously said he wanted a full trial to provide the appeals court with a complete record, including testimony related to the history of discrimination against gays and lesbians, the impact of denying marriage rights to same-sex couples and evidence related to whether Proposition 8 had a discriminatory intent.

Original article by Howard Mintz, San Jose Mercury News

Will New Hampshire & Maine be the next states to allow same-sex marriage?

The New Hampshire State Senate voted yesterday (13-11) in favor of House Bill 436, which would allow same-sex couples to marry under state law. The bill passed the House last month in a 186-179 vote. However, since the Senate voted on an amended version, the bill will have to return to the House before being passed. If the bill becomes law, New Hampshire will become the fifth state in the US to allow gay marriage.

“Just one month ago, there were only two states where same-sex couples could marry. Now, with this vote in New Hampshire, we are on the verge of having five states that recognize marriage equality for same-sex couples. It’s been quite a month, and we look forward to more states joining this group,” said Human Rights Campaign President Joe Solmonese in a press release yesterday.

And to add to the excitement, Maine may be #6 on the list of States that allow same-sex Marriage. Just today Maine's State Senate voted 20 - 15 in favor of LD 1020, the marriage equality bill, which will now move to the House of Representatives. Luckily the the Senate defeated an amendment that had proposed putting the question of marriage equality for same-sex couples before voters, at least Maine won't have to deal with an issue like California's Proposition 8.

Presently, only four states have recognized same-sex marriage legally: Massachusetts, Connecticut, Iowa, and Vermont (effective September 1, 2009). However, with the possible addition of New Hampshire and Maine, perhaps that will be enough to persuade California 's Supreme Court to overturn Prop 8, which is expected to be decided on by June...I am crossing my fingers.

Same-Sex Marriage is on a Roll with Vermont

Vermont made history today when their legislature overrode Gov. Jim Douglas’s veto of a bill allowing gay couples to marry. This step makes Vermont the first state to allow same-sex marriage through legislative action instead of a court ruling. And the 4th State in the US to allow Same-Sex Marriage.

Let's hope that this win, along with the Iowa win just 4 days ago, will help other states, especially California, move in the direction of equality for all.

The Courage Campaigns Latest Efforts

The other day I received an email from the Courage Campaign asking me to show my support for federal same-sex equal rights by signing their letter to President Obama asking him to keep his promise and allow the federal government to provide health benefits to all same-sex partners and spouses of federal employees.

For all of you who may not be on the emailing list for the Courage Campaign, I thought you might want to read the email I recieved and participate in their campaign.


"I am proud to join with and support the LGBT community in an effort to set our nation on a course that recognizes LGBT Americans with full equality under the law. That is why I support extending fully equal rights and benefits to same-sex couples under both state and federal law." -Senator Barack Obama, in a letter to the Alice B. Toklas LGBT Democratic Club, March 2008
President Obama has a unique opportunity to give hope and equality to thousands of same-sex couples across America.

No matter what happens in the fight to overturn Proposition 8, same-sex couples will not enjoy full equality until the federal government recognizes all of their rights, starting with the repeal of the "Defense of Marriage Act" (DOMA) and the military's "Don't Ask, Don't Tell" policy.

Right now, the President can take an important first step towards full equality by allowing the same-sex partners of federal government employees to receive health benefits, just like their straight colleagues. Currently, same-sex partners are banned from receiving these important benefits.

As the New York Times reported on Thursday, "two judges of the federal appeals court in California said that employees of their court were entitled to health benefits for their same-sex partners under the program that insures millions of federal workers." But, citing DOMA, the federal Office of Personnel Management has instructed insurers not to provide the benefits ordered by the judges.


President Obama now has a choice -- to uphold the benefit ban or to keep his campaign promise to provide same-sex couples all the benefits that their fellow federal employees receive.

Please show your support for federal same-sex equal rights by signing the Courage Campaign's letter to President Obama. Ask him to keep his promise and allow the federal government to provide health benefits to all same-sex partners and spouses of federal employees:

http://www.couragecampaign.org/page/s/keepyourpromise

The right-wing is already preparing to launch a major attack on President Obama over this issue.

Gary Bauer, a long-time leader of the religious right, told the New York Times last week that Obama would "provoke a furious reaction" among conservatives if he does the right thing by reversing the benefit ban. As we saw last fall, the right-wing will stop at nothing to promote inequality.

That's why we need to show President Obama that he has our strong support.

Please sign the Courage Campaign's letter to President Obama asking him to keep his promise and allow the federal govenment to provide health benefits to same-sex partners and spouses of federal employees. And please invite your family and friends to sign the letter as well:

http://www.couragecampaign.org/page/s/keepyourpromise

Together, we will ensure that all committed couples enjoy full equality at the state and federal level.

Cleve Jones
Founder, the AIDS Memorial Quilt, and historical consultant for the film "MILK"

Estate Planning and Tax Issues for the LGBT Community

With the tax season upon us, and many newly married LGBT couples filing taxes together for the first time, I thought that the Sacramento Bee's article called "Estate and tax issues complicated for gay, lesbian couples," might be something you want to take a look at before filling your taxes this year. The article doesn't just apply to married couples, it also has tips for Domestic Partner's, as well as information about Estate Planning. So if any of those subjects are something you may be interested in, check out the article below.


Personal Finance: Estate and tax issues complicated for gay, lesbian couples
by Claudia Buck

When it comes to love and money, it's never all hearts and flowers. And for same-sex couples, the financial issues are especially complex.

With the state Supreme Court taking up legal arguments next month on the validity of California's Proposition 8, same-sex couples are eyeing the outcome's ramifications on money and marriage.

Regardless of how the court's ruling affects the right of gay and lesbian couples to wed in California, financial experts say couples should be paying close attention to such issues as tax planning, health care, inheritance and child guardianship.

"The estate planning and legal issues are still going to be there. And they're the same as with any married couple, only far more complicated for same-gender couples," said Penny Brown, an estate planning attorney at McDonough Holland & Allen in Sacramento.

Here are some of the financial issues that same-sex couples need to consider:


To register or not?

Gay and lesbian couples may face a big debate on whether to sign up as registered domestic partners (RDP) with the California secretary of state's office.

Some choose not to for philosophical reasons. Others want the spousal rights that being registered can provide, including health benefits, hospital visitation privileges and other marriage rights covered under California's family laws. Without being registered, same-sex couples aren't entitled to many of those same rights.

Since 2000, more than 52,000 couples, mostly same-sex, have registered with the secretary of state's office by filing a notarized document and paying a $33 fee.

An Aerojet employee who asked that her name be withheld for workplace privacy reasons, said she and her partner of 28 years wrestled with the decision. Two years ago, they decided to sign an RDP agreement to "strengthen the legitimacy of our will and clearly give our relationship some legal standing as spouses."

Brown, the estate attorney, says same-sex couples need to consider financial, legal and emotional factors when contemplating an RDP. Is it necessary for employer benefits or property tax reasons? Does one partner have excessive debt that could become a shared responsibility? Are there privacy concerns?

Although names of domestic partners are not available online, the list is a public record available through the secretary of state's office.

Instead of an RDP, Brown said, some couples elect to draw up a private partnership agreement, similar to a marriage prenuptial agreement, that spells out how property, assets, parenting and other issues will be handled if one partner dies or the relationship dissolves.


Estate planning

Trudy Nearn, an estate planning attorney who works with gay and lesbian couples, said couples who don't set up an estate plan can leave their partners destitute, even with an RDP.

"If there is no will or trust, a partner's assets will go through probate and pass to the family – siblings, parents, etc. – but not the partner. If you're not registered or don't have a good estate plan, you could be left out in the cold financially."

Under federal law, same-sex couples are not entitled to spousal Social Security and other benefits if one partner retires or dies. That's why it's imperative that couples do separate retirement planning, said financial adviser Harper. She recommends, for instance, putting a pension benefit into a self-directed IRA so it can be left to a partner's named beneficiary.

The need for retirement planning is especially important in same-gender households where one partner works and one stays home with children. In some cases, it can be advantageous to have larger life insurance policies on the working spouse, said Harper.


Tax planning

Due to differences between state and federal tax laws, same-sex couples have more complicated tax-filing requirements.

Under 2007 changes to California's tax code, all same-sex couples who are RDPs must file their state income taxes jointly instead of separately. However, the IRS does not recognize same-sex marriages or domestic partnerships, so couples must file their federal taxes separately, as individuals.

That means same-sex couples file three income tax forms instead of two.

Having an RDP can provide distinct tax advantages, especially for same-sex couples with large income disparities, said Guy Crouch, a Sacramento CPA who specializes in tax advice for gay and lesbian couples.

For instance, if two partners own a home together, but one partner earns 80 percent of the income and the other 20 percent, federal law requires that their tax deductions for property taxes and mortgage interest be apportioned according to income.

But in California, as domestic partners, they would file a joint tax return and the deductions could be taken equally. A joint return also can generate tax savings, just as it typically does for married couples.

For same-gender couples, sorting through the various legal, financial and tax issues can be daunting but is essential. What you don't want to happen, notes financial adviser Harper, is to "disinherit the people you love because you didn't file the correct paperwork."

To ensure that your hearts and finances are in sync, seek out the expertise of a financial planner, tax attorney or CPA.



Penny Brown and Rebecca Harper, managing partner of Harper-Davis Financial in Sacramento, will host a free seminar on legal and estate planning issues for same-sex couples Thursday at the Crocker Art Museum. The event is full, but the museum has a waiting list. For more details, call (916) 808-7843.

"Don't Divorce my Family" Video

If you do nothing else today, please take a minute and watch this heart-wrenching video, it will be well worth your time...


"Fidelity": Don't Divorce... from Courage Campaign on Vimeo.

As I am sure you have all heard by now, Ken Starr, the prosecutor who led the campaign to impeach President Bill Clinton, has filed a legal brief on behalf of the "Yes on 8" campaign that would forcibly divorce the 18,000 same-sex couples married in California before the passage of Prop 8.

When Starr's legal brief went public in December, the Courage Campaign launched their "Don't Divorce my Family" campaign, asking their members to send in pictures with a simple message for Starr and the Prop 8 Legal Defense Fund. This video was inspired by the heartfelt pictures and messages they received.

After watching the video, please take a moment and add your name to the Courage Campaign's letter asking the Supreme Court to invalidate Prop 8, reject Ken Starr's case, and allow loving, committed couples to marry.

And please share this video with friends and family, the more people see it, the more they will understand the pain caused by Prop 8 and their hateful legal proceedings.

http://www.couragecampaign.org/page/m2/4b660807/1bab1ab4/8afe3dd/40ba31e6/3816633232/VEsA/

California Supreme Court to Hear Oral Arguments in Prop 8 Legal Challenge

The California Supreme Court announced today that it will hear oral arguments on Thursday, March 5, 2009 in the Proposition 8 legal challenge.

On November 19, 2008, the California Supreme Court agreed to hear the legal challenges to Proposition 8 and set an expedited schedule. Briefing in the case was completed on January 21, 2009.

The California Supreme Court must issue its decisions within 90 days of oral argument.

On January 15, 2009, 43 friend-of-the-court briefs urging the Court to invalidate Prop 8 were filed, arguing that Proposition 8 drastically alters the equal protection guarantee in California ’s Constitution and that the rights of a minority cannot be eliminated by a simple majority vote.

The supporters represent the full gamut of California ’s and the nation’s civil rights organizations and legal scholars, as well as California legislators, local governments, bar associations, business interests, labor unions, and religious groups.

In May of 2008, the California Supreme Court held that laws that treat people differently based on their sexual orientation violate the equal protection clause of the California Constitution and that same-sex couples have the same fundamental right to marry as other Californians.

Proposition 8 eliminated this fundamental right only for same-sex couples. No other initiative has ever successfully changed the California Constitution to take away a right only from a targeted minority group. Proposition 8 passed by a bare majority of 52 percent on November 4.

The National Center for Lesbian Rights, Lambda Legal, and the ACLU filed this challenge on November 5, representing Equality California, whose members include many same-sex couples who married between June 16 and November 4, 2008, and six same-sex couples who want to marry in California . The California Supreme Court has also agreed to hear two other challenges filed on the same day: one filed by the City and County of San Francisco (joined by Santa Clara County and the City of Los Angeles, and subsequently by Los Angeles County and other local governments); and another filed by a private attorney.

Serving as co-counsel on the case with NCLR, Lambda Legal, and the ACLU are the Law Office of David C. Codell, Munger, Tolles & Olson LLP, and Orrick, Herrington & Sutcliffe LLP.

The case is Strauss et al. v. Horton et al. (#S168047). Click here for more information.


Source: Equality California

Lesbian Couple's 'Empire State' Wedding

This Valentine's Day, a lesbian couple will be the first same-sex couple to exchange vows atop the Empire State Building. Jessica Chesnutt and Natalie Sauro of Park Slope will be joining 13 other couples in pledging their love Feb. 14 on the 61st floor of the Empire State Building.

Although New York does not allow same-sex marriage, Sauro, who is from San Francisco, and Chesnutt, who is from Washington, DC, will have a commitment ceremony instead.

"I didn't expect to win," confessed Chesnutt, a book editor. "The fact that the contest was open to same-sex couples is a good sign. We want the rights and responsibilities of married couples."

For the contest, couples were asked to submit their personal love stories, a photo and reasons for wanting to have their ceremony at the Empire State Building.

The winning couples will each receive a prize package valued at $7,500.00 which includes a one-on-one style and beauty consultation from the Bride.com editors, as well as a private 30 minute ceremony with up to 20 guests. Following their nuptials, couples will enjoy a champagne toast, collect a gift bag worth over $500 and enjoy a VIP trip to the 86th floor Observatory with their guests.


Source:
New York Post
brides.com

Same-Sex Couples' Court Fight Could Affect Ohio Parents

A custody fight involving two same-sex couples could impact custody battles for all parents in Ohio.

Kelly Mullen and Scott Liming are like any other parents. They'll do whatever it takes to protect their child, 3-year old Lucy.

"My heart and soul is for my daughter and that's the premise of why I'm fighting for this," Liming said. “Because this is about her life, not ours."

Scott is Lucy’s biological father; Kelly is her biological mother.

The difference between them and other parents is that they're both gay and live separate lives with separate partners.

“We really wanted it to be one mom and one dad so that she would not be confused as an adult," Liming said.

But a year ago, when Mullen and her partner broke up, that plan unraveled.

Mullen's partner filed a lawsuit, asking for shared custody of Lucy, and she got it.

"Right now, every Saturday my daughter goes and spends six hours of unsupervised time with somebody I don't even want her to be with,” Mullen said.

The court’s decision rested on a piece of paper that had nothing to do with the complicated relationship.

The judge noted that since Mullen signed a will and power of attorney, naming her then-partner as Lucy’s caregiver if something happened to Mullen, the partner should have some custodial rights.

"This is an issue that opens up Pandora's box for everyone and possibly anyone," Liming said.

"It'll give the opportunity for any third party, a baby sitter, a nanny, anybody that's had substantial interest in helping you with your child, they can now file and say, ‘Well, you've implied custody to me,’" Mullen said.

Hamilton County Judge Carla Grady is expected to issue a new ruling on the case later this month.

Source: WLWT.com

Battle over gay marriage shifts to Maine

By Jason Szep

BOSTON (Reuters) - A Maine lawmaker introduced a bill on Tuesday to legalize same-sex marriage, but it looks set to face tough opposition and bring a rancorous fight over the definition of marriage to the rugged eastern state.

The legislation proposed by Democratic state Sen. Dennis Damonck would make the state the nation's third to allow same-sex marriage. It seeks to redefine marriage as the legal union of two people rather than between a man and a women.

"Today I have submitted an act to end discrimination in civil marriage and to affirm religious freedom," he told a news conference in the state capital Augusta.

As he spoke, Republican Rep. John Tardy was drafting legislation to enshrine the definition of marriage as one man and one woman into the state constitution. "The language is being worked on now," his spokesman said.

The looming fight in Maine, a rural state of 1.3 million people with a Democratic-controlled legislature, underlines a concerted push for same-sex marriage recognition in New England's six states by gay and lesbian advocates -- a bid that would effectively create a regional niche for gay marriage.

In November, Connecticut became the second U.S. state to allow legal same-sex weddings after Massachusetts' top court ruled in 2003 that a ban on gay marriage was unconstitutional, paving the way for same-sex marriages the following year.

On Friday, New Hampshire Rep. Jim Splaine signed off on legislation proposing same-sex marriage in that state, which borders both Maine and Massachusetts. He said he expected the bill to come up for a public hearing in two or three weeks.

Five of New England's six states already offer same-sex couples some form of legal recognition, with New Hampshire and Vermont permitting same-sex civil unions that grant many of the same rights as married couples but lack the full legal protections of marriage.

"I think it is important to make our civil unions have full marriage equality with the word 'marriage' so that it is clear that we do not discriminate and that we welcome same-gendered couples," Splaine told Reuters in an interview.

Gay & Lesbian Advocates & Defenders, a group of lawyers who led the legal fight for same-sex marriage in Massachusetts and Connecticut, said on Tuesday similar legislation was being drafted in Rhode Island and Vermont.

The group has set a target of bringing same-sex marriage to all six New England states by 2012.

Some economists say carving out an economic niche for gay and lesbian weddings -- and the spending that comes with them -- makes sense at a time same-sex marriage has stalled in California and a recession is deepening.

M.V. Lee Badgett, an economist at the University of Massachusetts' Institute for Gay and Lesbian Strategic Studies, led a study released in July that said over the next three years about 32,200 same-sex couples would travel from other states to marry in Massachusetts.

That would translate into 330 jobs and a $111 million boost to the state's economy, the study projects.

(Editing by Cynthia Osterman)

Reform Jews back same-sex marriage

WASHINGTON (JTA) -- The Union of Reform Judaism has joined a brief challenging the legality of a California ballot initiative banning same-sex marriage.

The friend-of-the-court brief argues that Proposition 8 denies equal protection under the law to same-sex couples, which it says would be a violation of the California state constitution. The Progressive Jewish Alliance and a number of other religious organizations also signed on to the brief.

"We are proud to join with this important challenge to Proposition 8," said Mark Pelavin, the associate director fo the Religious Action Center of Reform Judaism. "We do so because we believe the law should treat each individual equally, affording every American the same rights and responsibilities, including the right to civil marriage."

Pelavin added that "the religious beliefs of people who oppose same-sex marriages should be respected; no clergy member or house of worship should ever be forced, under law, to sanctify a religious wedding that goes against his or her religious tenets."

Lesbian couple loses appeal in health club discrimination case

One step forward, two steps back...

Earlier this week a Minnesota appeals court judge upheld a ruling that found it legal for the Rochester Athletic Club to deny a family membership to a lesbian couple because the couple is not married. The case spotlights an instance where Minnesota anti-discrimination laws are ineffective so long as same-sex couples cannot marry.

Amy and Sarah Monson have been partners for seven years and are raising their daughter together. They co-own a business, have joint finances, and had a commitment ceremony in 2002. They have drafted estate plans for themselves and their daughter, and Sarah changed her last name to Monson.

The Rochester Athletic Club had a policy that only married couples could apply for a family membership package. The courts have said that since unmarried heterosexual couples also cannot get the discounted membership the policy does not constitute discrimination based on sexual orientation. But the Monsons contend that since they don’t have the option to marry, they shouldn't be compared with unmarried heterosexual couples who have the option to marry.

After four attempts to resolve the matter with the club, the Monsons filed a lawsuit in 2007, alleging a violation of the Minnesota Human Rights Act, the 1993 law that prohibits discrimination based on sexual orientation and gender identity.

The Minnesota Court of Appeals denied their argument this past Tuesday and upheld a previous Olmstead County judge’s decision.

Judge Kevin Lund, the judge in the original decision, saw the flaws in the system. He called the health club’s policy “anachronistic” and an “unrealistically narrow definition of family” that “fails to recognize the underlying stability and commitment of the Monsons’ relationship,” a relationship that he said functions “as a loving family unit and would otherwise be married or have entered into a permissible legal domestic partnership if allowed by our Legislature.”

The Monsons may appeal the case to the Minnesota Supreme Court.

Source: The Minnesota Independent

Utah's Delicate Arch serves as site for gay rights rally

Gay-rights activists in Utah will rally at one of the state's important symbols - Delicate Arch.

On Saturday, people plan to gather in view of the treasured redrock formation to rally support for Equality Utah's Common Ground Initiative.

The effort is a collection of five bills, aimed at the upcoming legislative session, that would provide legal protections to same-sex couples, such as hospital visitation and inheritance rights, and forbid discrimination against gay and transgender people in employment and housing.

Delicate Arch is "an important symbol for all Utahns," said organizer Michael Mueller, founder of the Facebook community Utahns for Marriage Equality. "We're all Utahns first - gay, straight, whatever."

Mueller, who is straight and married, said, "There are certain rights that all people should have."

Participants will gather in the Delicate Arch parking lot at Arches National Park near Moab from 1 p.m. to 2 p.m. on Saturday and then walk to a viewpoint for a rally.

Speakers will include Salt Lake City Democratic Rep. Christine Johnson, who is sponsoring a Common Ground bill; Claudia Bradshaw, founder of the St. George chapter of PFLAG (Parents, Families and Friends).

Marriage Equality USA explains the event on its website