November 21st, 2009
 

365 Gay: News

New state legislatures to take up gay rights bills


(New York City) Bills that would legalize same-sex marriage, create domestic partner registries and expand civil rights protections are expected to be filed this year in a number of states.

New York

Forty years of Republican rule in the New York state Senate came to an end in November with Democrats now in control of both houses in the Legislature and the governor’s mansion.

But whether that is enough to see a marriage equality bill enacted in the Empire State remains unknown.

A bill that would allow same-sex couples to marry in New York passed the Democrat-controlled Assembly last year, but Republicans who then controlled the Senate refused to consider the legislation.

At least three Democratic Senators say that when the bill is reintroduced this year, they will vote against it. That could be enough to defeat the bill.

In 2006, the New York Court of Appeals, the state’s highest court, ruled that same-sex couples do not have a constitutional right to marry. It said that the issue, however, could be taken up by the Legislature.

Gov. David Paterson has said he would sign the measure if it passes.

Last year, Paterson issued an executive order recognizing the marriages of same-sex couples who were married in areas where they are legal. That has resulted in a large number of gay and lesbian couples going to Connecticut, Massachusetts or Canada to wed and then returning to New York to have the marriages recognized.

New Jersey

New Jersey also could see passage of equal marriage legislation.

In 2006, the state Supreme Court ruled same-sex couples must have all the rights of marriage.

The Court gave the New Jersey State Legislature 180 days to act on the decision to grant same-sex couples the rights and benefits enjoyed by different-sex married couples, but left it up to the legislators to decide whether to call it marriage or civil unions.

The legislature opted for civil unions. But that, said civil rights groups, amounted to a situation that was separate but equal.

A commission established by the state to study same-sex civil unions in New Jersey agreed with that argument.

The commission held three public hearings last year at which the majority of the testimony came from people who were in civil unions who said they were still not being treated the way married couples are by government agencies, employers and others.

For instance, the commission found that many companies in the state that are self-insured – and therefore are regulated by federal, rather than state, law – refuse to provide health insurance to the partners of their employees.

A bill to allow for same-sex marriage was filed in the last session of the New Jersey legislature but gained little support in an election year from either House or Senate leaders. With a new legislature the bill is expected to be refiled and Garden State Equality believes it will have a strong chance of passage.

Gov. Jon Corzine has said he would sign a marriage bill if it were passed.

New Hampshire

There is a strong likelihood a gay marriage bill will pass in New Hampshire.

Rep. Jim Splaine, who sponsored the state’s civil unions law, said he believes there will be enough votes to pass his same-sex marriage bill.

But state Republicans not only oppose the marriage bill, they say they will bring in legislation that repeal the civil union law that went into effect last January.

Vermont

Vermont was the first state in the country to legalize civil unions in 2000.

An 11-member commission was set up by the leaders of the Vermont House and Senate, both Democrats, to look into Vermont’s civil unions law to see if it is providing equality for gay and lesbian couples.

It submitted its report to the legislature last April, but made no recommendations on revising the law to allow for same-sex marriage.

The legislature is expected to consider a bill this year that would amend the state’s civil union law to provide for full marriage.

Gov. Jim Douglas has said he would veto the bill if it passes.

Two other states also are likely to have marriage equality bills: Rhode Island and Maryland.

A bill to allow same-sex marriage was filed in the Maryland legislature last year but failed to gain traction. It is expected to be refiled in the new session but its fate is unknown. Legislation is also expected in Rhode Island.

Other States

In the state of Washington, lawmakers this year will consider adding new rights and obligations to the 2007 Domestic Partner law. It already covers areas such as hospital visitation rights among the 200 rights offered to same-sex couples and opposite-sex coupled seniors.

Openly gay Sen. Ed Murray (D-Seattle) says he thinks it still is too early to push for full marriage rights but believes that can be achieved in increments.

He is proposing adding pension and parenting rights and tax obligations. His draft already covers 1900 pages.

The New Mexico legislature will consider a domestic partner registry in the new session. It would allow any two people who live together in a committed and economically dependent relationship to register.

Both same and opposite-sex couples would be allowed to register with county clerks. The legislation would provide few direct benefits but could be used as proof of a relationship for benefits at private companies that have domestic partner insurance plans for their workers.

Several other states will take up bills expanding human rights laws to include members of the LGBT communities.


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  • Morgan Said: January 6th, 2009 at 5:37 pm
    • New York State, let’s see, bounded by gay marriage to the east in Massachusetts and Connecticut, to the North and Northwest by Canada and its gay marriage, soon likely to the followed in the southeast by New Jersey gay marriage, maybe by the northern half of the eastern border by in the near future by gay marriage in Vermont.
      Think its just a short matter of time before New York State will have gay marriage.

      Same for Rhode Island (RI). A tiny “island” of inequality in between two gay marriage states and with an antigay marriage GOP governor who will have to leave office in 2010 due to term limits in RI. There had been several gay marriage bills in RI in for a few years in a row some time ago.

 
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