The new five-year plan

Suzie Harrison

Thousands of gay and lesbian people in California and across the

country cheered and celebrated on Sept. 19 when Gov. Gray Davis

signed the historic Assembly Bill 205 into law, giving same-sex

registered domestic partners nearly all of the rights granted to

married couples in terms of state-level privileges.

The new law, which will take effect in 2005, grants more than 300

“rights and responsibilities” to domestic partners, including joint

ownership of debt and community property.

This law affects a large portion of Laguna’s population both in

their personal relationships and how they might vote in the Oct. 7

election.

LONG-TIME BATTLE

Former City Councilman Robert Gentry was responsible for creating

an ordinance, passed in 1992, that allowed couples to register as

domestic partners in Laguna Beach.

He said the new law Davis signed is wonderful.

“Because those of us who are in a relationship who are not

permitted to marry are discriminated against, and we’ve got to end

it,” Gentry said. “It’s a step toward that.”

The federal government permits a married couple unlimited assets

to be passed from one to another at death. That can’t happen in a

relationship in which there is not a legal marriage because they are

saddled with horrendous taxes, Gentry said.

“You can’t inherit the total assets of your spouse. The federal

government has a cap before you pay taxes on inheritance,” Gentry

said. “Our community is still in the throes of a health crisis, we’re

still seeing a number dying prematurely, leaving their partners with

the financial obligations.”

With resources lacking, he thinks that is one of the reasons why

the new law is extraordinarily important.

Limitations at hospitals were why Gentry decided to help draft the

registry ordinance in Laguna. He said hospitals were not honoring the

relationships of their gay patients. If someone was in the hospital

in intensive care, their partner was often rejected from visitation

because they were not blood relatives.

Gentry worked with the city attorney, who wrote the guts of the

document and also worked with other cities such as San Francisco, Los

Angeles and others.

He said that Laguna Beach has some unique provisions, including

that domestic partners registering in the city don’t have to

necessarily live together full time because often work locations

prohibited this. Partners also don’t have to live in Laguna Beach to

register here, which led to an influx of people from all over.

“Employers were beginning to offer health benefits to registered

domestic partners, and they had to find a place [to register],”

Gentry said.

Laguna Beach City Clerk Verna Rollinger said that 401 couples have

registered since the city began offering the service in 1992.

“It was pretty history-making in the early ‘90s because we were in

the middle -- the gay community -- of the AIDS crisis and we were

experiencing some horrendous discrimination around HIV and health

care,” Gentry said.

As for the election on Oct. 7, he said, it will affect the way he

votes, no question.

“His signing [the law] is the utmost in leadership that a person

can display,” Gentry said. “I can’t imagine a gay or lesbian person,

a member of their family, friends or anyone who cares about a gay or

lesbian person who would not support Gray Davis for what he has

done.”

At least one prominent member of the gay community, Republican

Frank Ricchiazzi, does not like the way the word legalized marriage

has come into play with politics. He said that the religious right is

constantly using the word marriage as a means of attacking equal

rights.

ON A CONSERVATIVE NOTE

In the late ‘70s, Ricchiazzi co-founded the Log Cabin Club, which

is made up of gay and lesbian Republicans.

He said he favors the new law and thinks it’s a good piece of

legislation -- a needed piece that he finds will be of assistance for

him and his partner, who have been in a monogamous relationship since

‘88.

“We find it a solid piece of equality of our civil union,”

Ricchiazzi said.

As for it influencing his vote, he said it absolutely does not.

“Because if you don’t have food on the table, nothing else

matters, and our state is close to bankruptcy,” Ricchiazzi said.

“Without a strong financial base, no rights for anybody will work. If

you are black, Mexican or any minority, you can have all the equal

rights you want, but you have to eat first.”

He said that he is a good Republican, a fiscal conservative and a

social conservative who says that the government should be kept out

of his pocket, out of his house and out of his bedroom.

Others may think the law is a good idea, but aren’t so sure it

will convince them of which way to vote.

NOT ALL BLACK AND WHITE

Jeff Mourer, who is in a committed relationship, said it is a step

in the right direction.

“Some day, it will be a nonissue, but for now, we’ll have to take

what we can get,” Mourer said. “It won’t affect my voting because I

am so confused about Oct. 7 -- there’s no good option. Everything is

a horrible, horrible option.”

Currently, either partner can dissolve a domestic partnership by

sending in a notarized form to the secretary of state’s office. The

process is relatively simple and quick. With AB 205, the process

won’t be so easy for couples who have been together five years or

more.

Those couples and couples who have children or own property

together will have to file for a court-ordered divorce that has the

same rules that are applied to divorcing married couples in regard to

property division, child custody and spousal support.

Mourer said the new law could have a negative effect on some

couples and result in their not registering.

Vincent Croome was together with his partner for 23 years and was

the fifth couple to register in Laguna. They also registered with the

state.

“We had been together for 12 years and at that point became

domestic partners,” Croome said. “We wanted to have a bond, a tie and

show support for it.”

The couple has been broken up for two months now, but Croome said

he is for the law, though it could be a double-edged sword. He said

that under the new law, those living on disability could be affected

because of their partner’s income.

“No, it’s not going to affect me or my vote,” Croome said. “I

still plan on voting no recall. I am not sure, but I think the

majority of gays are voting for Bustamante, but I don’t go with the

crowd. I am an individual that has to make up his own mind.”

He said he always encourages people to register as domestic

partners, even if they don’t live here or in the state.

“Overall, I’m very happy it passed,” Croome said. “It shows that

we’re on the road to equality, and that’s all we want. We do not want

special rights, just equal rights.

“I hope this leads to legalized marriage,” Croome said. “I’m

thankful for Gov. Davis and the state of Vermont for leading the

way.”

SHOW OF COMMITMENT

Stuart Byer and his partner, Jeff Rehm, have been together almost

13 years and have been registered as domestic partners since the

state allowed it about four years ago.

“We registered right after that,” Byer said. “We were doing our

estate plan, and in order to make sure it was more airtight, we

thought that with registration we would reinforce the fact that we

were committed if there should ever be a legal challenge.”

He said it was more of a public statement than a private statement

since they were already committed to each other.

“I am really thrilled about the new law,” Byer said. “I don’t feel

quite as much like a second-class citizen as I did before the law was

enacted and signed by the governor.”

Byer is a registered Democrat and will vote accordingly.

“I think it took a lot of courage and leadership to sign the

bill,” Byer said. “It would be interesting to know whether [Arnold]

Schwarzenegger would have signed it. I wonder if he has a position on

it?”

BATTLE STILL ON

Three days after AB 205 was signed into law, state Sen. William

Knight filed an injunction against Davis in the Sacramento Superior

Court. Knight called the bill unconstitutional and said that the

legislature is ignoring the will of voters. Knight wrote Proposition

22, a measure 61% of Californians approved, which defined marriage as

being solely between a man and a woman. He says passing AB 205 would

be legalizing gay marriage under a different name.

A second suit was filed by the Campaign for California Families.

It states that the new Domestic Partner Act is unconstitutional

because it violates Proposition 22, which states, “Only marriage

between a man and a woman is valid and recognized in the state of

California.”