You are incorrect Doug.  The city's extension of
domestic partnership benefits to it's employees was
overturned by the courts in the early 90's under a
state law that had been passed earlier regulating the
receipt of healthcare benefits to immediate family
members, defined in state law as those related by
marriage, blood, or adoption and limited to spouses
and dependent children.    

My understanding is that this law came into being
because a small town in rural Minnesota went bankrupt
when a town employee placed a large number of his
extended family of relatives onto the town's
healthcare plan and the law was designed to prevent
such abuses in the future at a time prior to when
domestic partner benefits were even a concept of
discourse. 

Nonetheless, the state courts ruled that this law had
to be amended or changed by the state legislature in
order for the city to be able to offer domestic
partner benefits to their employees and the city has
lobbied the state for such a change ever since.

In my opinion, it is another example of the extent of
a lack of local control of local government imposed by
our state government and both supporters of
decentralized government, as well as those who favor
domestic partner benefits(or even broader designated
beneficiary benefits) should support the ability of
local jurisdictions to enact them.  It's important
that local governments be able to act as laboratories
for new ideas to emerge in response to local concerns.
 

Nearly all historic political changes from various
voting rights iniativies, civil rights laws, and other
expansions of rights have begun at the local level and
moved upwards-- not the other way around.  Domestic
partnership benefits are hardly a new idea anymore but
they were at the time the city passed the ordinance. 
The state should set baseline minimums but shouldn't
close the door to localities responding to their
populations expressed concerns in ways that don't
violate baseline rights of community members which
should be protected by the state.

The Minneapolis domestic partnership registry has no
limitations on the gender of the individuals involved.
 The domestic partner rights iniatives of which Gary
spoke included expanding the rights of registered
domestic partners in the city to include

- nondiscrimination in fees for things such as club
memberships and rental application fees vis a vis
married couples

- changes to housing ordinances to declare domestic
partners to be a family unit so that domestic partners
renting to a third party would be in the same position
under the ordinance as a married couple renting to a
third party and effecting other regulatory issues in
relation to households of domestic partners

- adding nondiscrimination protections in regards to
an individual or couples status regarding domestic
partnership registration

- adding a domestic partnership reciprocity statement
so that any couple whose relationship is registered in
another jurisdiction is entitled to and secures the
rights of domestic partners registered in Minneapolis.
 This way visitors, newcomers, and others who are
married in Canada, Spain, Belgium, the Netherlands,
Massachusetts, or who are parties to a civil union in
Vermont or Connecticutt, or who are reciprocal
beneficiaries in Hawaii, or who are registered
domestic partners in California, New Jersey, the
District of Columbia or one of the 100 plus cities in
the U.S. that have such registries, or whose
relationship is registered under similiar legal
categories in Argentina or other jurisdictions are
recognized as registered domestic partners and granted
the rights of registered domestic partners in the city
of Minneapolis.

--- The city also passed an ordinance requiring
contractors with city of a certain size to provide
domestic partnership benefits to their employees and
specifically requires that such benefits be offerred
regardless of the sex or gender of parties to the
domestic partnership.  To my knowledge, Minneapolis
was the first jurisdiction to require that domestic
partnership benefits be made available to some
contractor's employees without limitation in regards
to sex or gender of the parties to the domestic
partnership.  A similiar ordinance in San Francisco
and New York City where limited to same sex domestic
partners of employees.

FYI- I am a Dave Bicking supporter as well.  Dave was
unanimously endorsed Wed. night by the Lavender Greens
of Minnesota joining Cam Gordon as Green candidates to
share the distinction of being endorsed by the glbtiq
caucs of the Green Party after filling out a lengthy
questionaire and meeting with numerous caucus members
followed by deliberation by caucus members.

Nonetheless, I am thankful to Gary for his work on the
above issues as well as his support of the repeal of
the city restroom ordinance which was creating
problems for transgender individuals in our community.

I believe that Dave Bicking would carry on Gary's
tradition of activism on glbtiq issues and he has
already confirmed support for a variety of iniatives
in his questionaire and meetings with Lavender Greens
which I believe attest to both his committment and
willingness to working on these issues and keeping the
city moving forward as regards glbtiq community
concerns.


David Strand
Loring Park
Co-Chair MN Lavender Greens
 








--- [EMAIL PROTECTED] wrote:

> At last night's debate between Bicking and Schiff
> (9th ward),
> Schiff mentioned something about a domestic partners
> ordinance that he supported. Was that the failed
> attempt
> to secure health insurance for same sex domestic
> partners of city employees / city contractors?
> 
> I criticized the above mentioned ordinance because
> it did not apply to all unmarried domestic partners.
> 
> 
> I was correct in warning that the ordinance was
> likely
> to be killed by the MN Supreme Court (or at the
> federal
> level) for making sexual orientation a criteria for
> granting
> benefits. 
> 
> Unfortunately, the city council would have been on 
> more solid ground had its opted to extend benefits 
> to all unmarried domestic partners. Health insurance
> 
> and other benefits have been extended to unmarried 
> domestic partners regardless of sexual orientation
> in 
> Iowa, some major cities, and some big corporations. 
> 
> And this was not the first time that the city
> council 
> passed such an ordinance that was blocked by the
> courts
> for the same reason.
> 
> Why did the city council just drop the issue and not
> pass an ordinance to extend benefits to all
> unmarried
> domestic partners?
> 
> I figured it was just a cynical ploy to get votes on
> this issue from the gay community without actually 
> delivering anything. If I were Gary Schiff, I
> wouldn't 
> brag about that too much.
> 
> Disclaimer: I am a supporter of Dave Bicking.
> 
> -Doug Mann, King Field 
> -
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