State Supreme Court upholds Vancouver domestic partner benefits

State Supreme Court upholds Vancouver domestic partner benefits

Thursday, August 23, 2001

THE ASSOCIATED PRESS

OLYMPIA -- The city of Vancouver can keep providing health benefits to domestic partners of gay and lesbian city employees, the Washington Supreme Court ruled Thursday.

The 8-1 decision will likely stretch beyond the city's borders. Other cities, including Seattle, and the state have similar policies, along with local governments in at least four other states.

The policy allows domestic partners, including same-sex partners, to receive health insurance benefits. It also allows employees to use their sick leave to care for partners or partners' children.

Vancouver resident Roni Heinsma challenged the policy soon after it was adopted in 1998, arguing that the city was creating a kind of mini-marriage in violation of the state law against same-sex marriage.

But the justices agreed with the city's argument that regulation of employee benefits is a local matter.

"We conclude that the city's recognition of domestic partnership is limited and that the program does not unconstitutionally interfere with the Legislature's ability to regulate familial relationships on a statewide level," Justice Susan Owens wrote for the majority.

Heinsma's challenge was argued by the Northstar Legal Center, a conservative nonprofit law firm in Fairfax, Va., which challenged the city's argument that the benefits were necessary to recruit and retain good workers.

"The city or county that enacts this is saying that we do not agree with the state Legislature's decision to ban same-sex marriage," said Jordan Lorence, the Northstar attorney who argued the case. "This isn't based on need, it's based on a political agenda."

Similar polices in Atlanta, Chicago, Denver and Broward County, Fla., have been upheld by other state supreme courts, Lorence said. Policies in Minneapolis, Boston, and Arlington County, Va., were struck down. Courts are still considering cases in Philadelphia and Montgomery County, Maryland.

"Every time we get domestic partner benefits like this, the right wing swoops in and raises some kind of challenge," said Pat Logue, senior counsel for the Lambda Legal Defense and Education Fund, a gay rights group. "I think the courts recognize that domestic partnership is not marriage."

In Washington, King County and the cities of Seattle, Olympia and Tumwater have similar policies. The Public Employees Benefits Board approved a similar policy for state workers last year at Gov. Gary Locke's request.

Since Vancouver's policy was initiated in 1998, about 30 domestic partnerships have been registered and approved. The city paid more than $20,000 to cover the cost of the policy in 1998.

"A lot of private businesses have similar policies," said Ted Gathe, Vancouver's city attorney. "It was felt by the city that recruiting and retaining employees is important, and this was one of the benefits that should be included in our package."

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