Legislation that would pave the way for domestic partner benefits for state employees passed a key committee last week. Currently, gay and lesbian state employees are barred from providing state employee benefits for their families, a discrepancy that advocates say puts state government and state colleges and universities at a competitive disadvantage. The bill, HF 1219, passed the House Health Care and Human Services Policy and Oversight Committee by a voice vote.
“It’s simply a matter of fairness and respect for our members,” said Russ Stanton of the Inter Faculty Organization, representing the employees of Minnesota’s state colleges and universities. “Our members that are in domestic partnerships work just as hard, and we think that they deserve equal respect and equal benefits.”
The bill would allow health, dental and life insurance benefits to a domestic partner which is defined as “a person who has entered
into a committed interdependent relationship with another adult.”
Stanton said that Minnesota’s public schools are at a disadvantage in hiring. “It’s a recruitment and retention issue for the state universities as they seek to recruit high-quality faculty,” he said. “State universities compete nationally and internationally, and many higher-education institutions that we compete with do offer domestic partner benefits.”
Dr. Sarah Ford, a faculty member at Inver Hills Community College, told the committee about one award-winning colleague who is looking for work in California because she can’t get health benefits for her family.
“We pay the same dues to our unions. We pay the same co-pays and deductibles. We make the same retirement contributions as everyone else,” said Ford. “We do the same work as our married colleagues, and we pay the same taxes that everybody else pays except we are not offered the same benefits that married people are.”
Ford pointed out that 16 states and the District of Columbia offer domestic partner benefits to state employees.
Monica Meyer, public policy director for OutFront Minnesota, countered a common contention frequently offered by social conservatives about domestic partner benefits: that some people will try to game the system. “People don’t sign up to say they are domestic partners when they are not domestic partners,” she said. “One of the issues is the cost factor: Domestic partner benefits are taxed as federal income, while benefits for married couples are not. That’s why we have written in the definition of domestic partners in the bill.”
Bill sponsor Rep. Phyllis Kahn, DFL-Minneapolis, and Rep. Tom Emmer, R-Delano, had an awkward but humorous exchange over the bill.
“I will start out with an apology to Rep. Emmer,” said Kahn. “The last time I presented this bill, Rep. Emmer suggested an amendment, and I didn’t accept the amendment because I thought it broadened it in an unacceptable way.”
In 2007 Emmer wanted to change “domestic partner” to “significant other,” which, Kahn felt, would have created an over-broad bill and compromised its chances. The current bill includes elements of Emmer’s amendment such that it is not specific to gay and lesbian couples.
“Mr. Chair,” Emmer interrupted. “I mean we need to clear up when someone doesn’t tell the truth here. The bottom line was that Rep. Kahn didn’t trust me.”
“Right,” said Kahn — and the room erupted in laughter. “And I have now apologized for that lack of trust, and I have incorporated Rep. Emmer’s amendment from the start. I did make the mistake in not getting to him in time to co-author the bill.”
That generated more laughter, as Emmer has consistently spoken out against and voted in opposition to bills that would recognize same-sex couples.
The bill now heads to the State Government Finance Division.













2 Comments »
Comment posted March 26, 2009 @ 8:18 pm
There are real Equal Protection issues:
“We pay the same dues to our unions. We pay the same co-pays and deductibles. We make the same retirement contributions as everyone else,” said Ford. “We do the same work as our married colleagues, and we pay the same taxes that everybody else pays except we are not offered the same benefits that married people are.”
And then there are bogus Equal Protection issues:
Different counties applied different standards to identical ballots, thereby disenfranchising voters who lived in one county but enfranchising voters in other counties. It is a violation of the constitutional right of Equal Protection to count some votes but not others based solely on a voter’s residence.
It is wrong that a man would invoke the Equal Protection Clause in the furtherance of his self interest but not in the furtherance of the interests of millions of hardworking, taxpaying, law abiding Americans who are real victims of systematic discrimination. Norm sees himself as “too big to fail”. The rest of us, “too small to matter”.
Comment posted March 30, 2009 @ 4:10 pm
While this is encouraging, it doesn’t get to the heart of the problem. Neither does gay marriage or civil unions.
While the issue of benefits in these situations may be treated equally under the laws of states that recognize these partnerships, they will not be treated equally under federal law because of the Defense of Marriage Act (DOMA) signed by Bill Clinton. That act states that marriage is between a man and a woman. This denies same sexl couples everything a heterosexual couple is eligible for under federal laws.
For example:
A company may allow a same sex couple to participate in health insurance benefits. However, the value of those benefits for the partner is taxable income for federal taxes (just just the premium co-pay, the actual value). These can add thousands of dollars to the employee’s W-2. Plus many companies allow employees to pay the premium co-pay with before-tax dollars. This could not be done for a same sex partner.
Also, employees can put before tax dollars into a health flexible spending account to pay co-pays and deductibles and other health expenses not covered by health insurance. A same sex partner cannot participate in that account.
Same sex partners are not recognized as eligible surviving spouse beneficiaries for pensions.
There are hundreds of examples like this. Before there is real equality, DOMA must be overturned or repealed. This is why the recent lawsuit is so important.
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