Senator files suit nullify domestic partnership law

By Ravneet Padda

Sen. Pete Knight filed a lawsuit Monday against a new law that extends legal rights to gay and lesbian domestic partners that are nearly equal to those of married couples.

Knight, R-Palmdale, said he feels the law violates Proposition 22, which states that only a marriage between man and woman is legal in the California.

“ By giving these rights to same sex couples, in essence the law recognizes marriage between them,” said Knight, who authored Proposition 22 in the year 2000.

While Knight is waiting for the first hearing of the lawsuit against the law—called the Domestic Partner Rights and Responsibilities Act of 2003—in the Sacramento County Superior Court on Oct. 15, the supporters of gay and lesbian rights are celebrating the passage of the bill.

“ I am thrilled to know [the law] has been passed. It signifies another step the state of California has taken to legitimize the rights of gay and lesbian partners,” said John Beynon, faculty at the English department, Fresno State and also the adviser to the United Student Pride, the gay and lesbian activist group on campus.

Beynon entered into a domestic partnership with a same-sex partner in 2000, which entitled them to some of the benefits enjoyed by spouses.

The opponents of gay and lesbian partnerships have criticized the domestic partner act extensively.

“ [Same sex partnership] is anti-procreation and so it’s anti-nature. If you can’t procreate, you can’t have a family, and if there is no family, there is no civilization,” said Pastor Anthony Munoz, who frequents the Free Speech area to preach Christianity.

Toni Broaddus, programs director of Equality California, a prominent gay and lesbian rights organization in the Valley, disagreed.

“ As a lesbian, I am not asking for religious marriage equality, I am asking for civil marriage equality,” Broaddus said. “As a citizen, I deserve equal rights, no matter what my sexual orientation.”

“ As far as I am concerned we are just family and what is important is that we love each other. Nothing else matters,” said Gail A. Abbot, professor at the Information Technology Services department at Fresno State, who has been staying with a same-sex partner for almost two decades and has a 12-year-old daughter.

Under the new law, which was signed by Gov. Gray Davis on Friday, starting January 2005, same sex couples registered as domestic partners in California will get the same legal treatment as married couples in matters of child custody, child support, community property, debt assumption and funeral arrangements, among others.

“ Domestic partners will now get the complete protection of the law in the time of crisis,” said Assemblywoman Jackie Goldberg, D- Los Angeles, who proposed the bill.

[“My partner of 24 years and myself, feel very happy that the younger LGBT community will have protections that my family did not have for so many years.”]

Keith Bradkowski, whose partner Jeff Coleman was a flight attendant on the first plane that crashed into the World Trade Center on Sept. 11, suffered a lot because he was not entitled to any of the rights and benefits that the spouses of the other victims were granted.

“ Jeff was my better half. Having to prove the authenticity of our relationship over and over again made my grief even more difficult,” Bradkowski said. “This law gives recognition to who I am.”

John Hirano, a social worker from Orange County, has another story to tell. He and his partner Manny D. have been approved by a foster care center to adopt children.

“ After facing two years of prejudice from case workers and social workers because they didn’t want faggots raising children, we feel like punching bags,” Hirano said.

Expressing relief that he and his partner will now have full child support and custody rights, Hirano said, “I feel [the law] will solidify some protection for our family unit.”

Along with the benefits, the law assigns responsibilities also, warned Nancy Stegall, a family law practitioner in Fresno.

“ Now the domestic partnership is more legally binding. People that are considering getting into a partnership should be fully knowledgeable of its effects,” she said.

The Domestic Partner act is another addition to the many steps taken for granting equal rights to the lesbian and gay community in the state.

The next legislation awaiting the governor’s signature is AB 17. It would prohibit state agencies from contracting with companies that don’t provide equal benefits like health insurance to employees with spouses and employees with domestic partners.

“ Gay people are no more expensive to ensure than non-gay people,” said Assemblywoman Christie Kehoe, D-San Deigo, who proposed the bill.

“ Californians are taking great steps forward towards full equality,” said Seth Kilbourn, the national field director of the Human Rights Campaign Foundation, the nation’s largest gay and lesbian rights organization.

“ The future is bright for the younger generation of California,” he said.