Showing posts with label gay civil unions. Show all posts
Showing posts with label gay civil unions. Show all posts

Thursday, December 09, 2010

Illinois Accepts New Kind of Union

From STLToday.com: When I was a kid, many families had a regular night to eat out. Ours was Thursday. We rotated among Carroll's, the Revere Room, the Clay-Mor, the National Trail Inn, Northgate and other lost gems of Collinsville's culinary past.

It also was restaurant night for a couple — friends of my parents — who dined on the same circuit. Our conversations were always warm. Childless themselves, the two lavished attention on my sister and me. They acted like any middle-aged married couple of the 1960s, except they weren't married. They couldn't be. They were two single women, living their lives together.

The precise nature of their relationship was beyond my youthful curiosity. Once I was mature enough to grasp the obvious, the questions in my mind did not range to inheritance rights, health insurance coverage or whether one might make medical decisions for the other.

Now, decades later, the Illinois Legislature has decided to confer rights and protections that those nice women at the next table probably would have found hard to imagine.

Not everybody's happy about it, and I find that hard to imagine.

Illinois is about to become the nation's 11th state, plus the District of Columbia, to provide some kind of legal recognition to same-sex couples.

The House passed SB1716 on a 61-52 roll call Nov. 30, and the Senate 32-24 the next day. A little Republican support (six votes) put it over the top in the House. Gov. Pat Quinn has promised to sign the bill into law, effective June 1, 2011.

Essentially, it provides husband-wifelike legal status to couples — homosexual or heterosexual — without religious connotation or the M-word. Hence, we say "civil union," not "marriage."

It feels like a small step. You see, we've already had state-sanctioned civil unions for a long time.

I wanted to become a partner in one almost 20 years ago. When I fell in love with my wife, she had an adorable 5-year-old son. But since he already had a perfectly viable father, Chris was not available for me to formally adopt.

What is adoption if not a civil union? People with no common blood enter a formal agreement that binds them as if they were kin. It guarantees rights of access and decision making. It provides a legal basis for each to share assets with — and take care of — the other.

Oh, the naysayers will quickly suggest that there is a huge difference: There is no sexual component to adoption. But homosexual civil unions aren't about sex either. They do not authorize any bedroom behavior that hasn't already been legal in every state since at least 2003, with the U.S. Supreme Court's ruling in Lawrence v. Texas.

Those who want Illinois statutes to reflect their judgment of homosexuality as an abomination didn't lose the battle in 2010. They lost it in 1961, when the Legislature made Illinois the first state to remove laws regulating sexual conduct between consenting adults. (Missouri rescinded its last restrictions in 2006, after the Lawrence case had rendered them meaningless.)

For the sake of political correctness, SB1716 is titled the "Illinois Religious Freedom Protection and Civil Union Act." The "religious freedom" part up front just means that if you don't like it, don't bless it. Officially: "Nothing in this Act shall interfere with or regulate the religious practice of any religious body. Any religious body, Indian Nation or Tribe or Native Group is free to choose whether or not to solemnize or officiate a civil union."

Otherwise, the unions work a lot like the, well, that M-word. Unionists (unitees?) have to be at least 18, not closely related and neither married nor civilly united somewhere else. They get a license from the county clerk. They can dissolve the union under the same terms as a divorce.

For the record, these people still will not be related in federal eyes for such things as joint income tax returns or Social Security benefits. That's because of the Defense of Marriage Act, which was passed to protect the unions of we straight people.

In that regard, I have discussed the new Illinois law with my wife. We are happy to report that we think our marriage can survive it.

Thursday, December 02, 2010

Civil Unions Advance in Illinois

From NYT: CHICAGO — Illinois lawmakers on Wednesday approved legislation allowing civil unions in this state, and the governor has indicated he will sign it, making Illinois one of only a handful of states to grant to same-sex couples a broad array of legal rights and responsibilities similar to those of marriage.

Advocates of the legislation, who had pressed the matter for years, pointed to the outcome as a sign that acceptance of gay men and lesbians is growing and not only on the coasts.

“Sober, clear-minded, cautious Midwesterners are taking this action,” said Rick Garcia of Equality Illinois, a gay-rights group.

Opponents complained about the timing of the vote (during a fall session before newly elected legislators arrive) and said they feared civil union legislation might ultimately harm the institution of marriage. “This will be the entry to a slippery slope,” Ron Stephens, a Republican state representative, said. “The next thing we’ll see will be consideration of gay marriage.”

Five states and the District of Columbia allow same-sex marriage, while New Jersey grants civil unions similar to the measure expected to take effect here in July. Four other states grant domestic partnerships with broad legal rights — bonds that some experts said carry many of the rights provided under Illinois’s new legislation if not the precise ceremonial recognition suggested by civil union.

The Illinois provision will provide couples many legal protections now granted to married couples, including emergency medical decision-making powers and inheritance rights. The legislation allows heterosexual couples to seek civil unions, too.

The result in Illinois comes at a shifting moment in the national battle over gay rights. With huge Republican gains in state capitols following the election last month, opponents of same-sex marriage predict a powerful push-back against recent efforts to legalize such unions. Maggie Gallagher, chairman of the National Organization for Marriage, which opposes same-sex marriage, said she had renewed hope for constitutional amendments defining marriage as between a man and a woman in places like Minnesota, Indiana and Pennsylvania.

In Illinois, where Democrats dominate both state legislative chambers (and will next year, even after new lawmakers are seated) the votes were split: 32 to 24 in the State Senate on Wednesday, and 61 to 52 in the House a day earlier.

Supporters of gay rights widely praised Illinois’s decision, but many said the eventual goal remained legalizing same-sex marriage, not a separate civil union system.

Wednesday, December 01, 2010

Illinois House Passes Historic Gay Civil Unions Bill

From Chicago Tribune: SPRINGFIELD — — Illinois took a major step Tuesday night toward allowing civil unions for same-sex couples, a sign that gay rights keeps gaining momentum inside a Capitol where it languished for decades.

As onlookers broke out into cheers, the House for the first time ever approved civil unions, with one vote to spare. Supporters expect the Senate to follow suit Wednesday, and Democratic Gov. Pat Quinn campaigned this fall on a pledge to sign it into law.
"We have a chance here, as leaders have had in previous generations, to correct injustice and to move us down the path toward liberty," said sponsoring Rep. Greg Harris, D- Chicago, one of two openly gay lawmakers, his voice breaking with emotion. "It's a matter of fairness, it's a matter of respect, it's a matter of equality."

Opponents charged that civil unions are a "slippery slope" that will erode traditional family values.



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"Are you ready for gay marriage?" asked Rep. David Reis, R-Willow Hill, who raised his voice putting that question to colleagues.

Under the proposal, same-sex couples would enjoy several rights married couples currently have, such as making end-of-life decisions, handling probate matters, sharing nursing home rooms or even visiting partners in hospitals that deny visits by anyone but family.

Business groups did not weigh in on the measure. State officials say they expect some increase in health insurance costs.

"Most of the major businesses in our country now extend domestic partnership benefits to their employees," said Rick Garcia, political director of Equality Illinois. "The state of Illinois already extends domestic partnership benefits to employees. This really is cost-neutral."

If approved, Illinois next summer would join New Jersey in having a civil union law on the books. Vermont, New Hampshire, Connecticut and Iowa have same-sex marriage laws, according to the National Conference of State Legislatures.

The civil unions success is the latest in a quickly evolving attitude about gay rights in Illinois. Only five years ago, lawmakers passed protections against discrimination in jobs and housing for gays and lesbians. It took decades to pass that measure. Illinois has moved toward more liberal stances on social issues since Democrats took control of state government at the start of 2003.

A Tribune poll conducted in late September showed 57 percent approved of legalizing civil unions while 32 percent disapproved.

Approval came despite vigorous opposition from the Catholic Conference of Illinois, which is headed by Cardinal Francis George, who personally made calls to legislators asking lawmakers to oppose the bill. But proponents waged a strong lobbying effort of their own.

Quinn, who is Catholic, took the extra step of standing on the House floor to watch the breakthrough vote. He called passage a "great step forward."

"It's important that we respect the diversity that we have in our state and be a tolerant state of Illinois," Quinn said.

During the debate, Rep. Deborah Mell, D-Chicago, tearfully implored legislators to vote for the bill as her longtime partner, Christin Baker, sat near on the House floor. They plan to get married in Iowa next fall.

"I love my state and am proud to live here. But my state does not treat me equally. It will take my money, take my taxes, I can even make laws for people," said Mell, the daughter of Chicago Ald. Richard Mell and sister-in-law of ex- Gov. Rod Blagojevich. "If God forbid something happens to Christin, and she cannot make a decision, by law the doctor cannot ask me anything. I am not able to speak for her wishes. Under the law the doctor has to go to her family and I'm not considered family."

Though unusually quiet during debate, the House chamber echoed at times with vocal dissent.

Rep. Ron Stephens, R-Troy, said he wants to avoid having to "someday explain to my children and grandchildren that no longer in America are we going to give the honor to a man and a woman in marriage."

"I believe that if this should ever pass, the next bill will be legalizing marriage between members of the same sex. And I just think that's wrong. You might think I'm wrong in thinking that … just call me an old-fashioned traditionalist."

Rep. Rosemary Mulligan, R-Des Plaines, offered a different view, saying she had been too sick to travel to Springfield for earlier legislative action, but she got in her car and drove to Springfield on Tuesday when she learned from supporters she might be the 60th vote needed to pass the measure.

"The fact of the matter is there are gay people, and you're not going to abolish the fact that they are gay by not letting them have these rights," said Mulligan, who added that she wanted to demonstrate that not all Republicans are strict conservatives when it comes to social issues. Still, the overwhelming number of the 61 lawmakers who voted for civil unions were Democrats.

Robert F. Gilligan, the Catholic Conference's executive director, said he is disappointed that civil unions passed, but now is focused on lobbying senators to vote it down Wednesday. Senate President John Cullerton, D-Chicago, is an avid supporter of the bill, and supporters have considered the House a tougher obstacle

Gilligan said he was particularly dismayed that the bill passed during a lame-duck session. The measure got a boost from as many as a dozen lawmakers who will not return because they are retiring or were defeated in the Nov. 2 election.

Camilla Taylor, a lawyer with Lambda Legal in Chicago, a group that helped draft the legislation, said businesses in Illinois that provide spousal benefits will have to treat same-sex couples who have entered into a civil union the same as heterosexual couples.

"The civil unions bill makes especially clear that businesses aren't acting in good faith if they continue to treat same-sex couples differently with regard to spousal benefits," Taylor said.

She said that in other states where civil unions bills have passed, Lambda Legal has won cases in which businesses have refused to provide spousal benefits to partners in a civil union.

Modesto Valle, executive director of the Center on Halsted, a lesbian, gay, bisexual and transgender community center in Lakeview, said that if civil unions become law, he expects people will take advantage of it in a measured fashion.

"I don't believe that all of a sudden people will be running out the door to be recognized in their union," he said. "People are going to take this very seriously, just like marriage. Once marriage gets passed in this country, it's not like all gay and lesbian people are going to run out and get married. It's something to be taken very seriously."

rlong@tribune.com