He Just Got A Letter, He Just Got A Letter! But What Would You Do?

So there has been quite the chatter about Attorney General Van Hollen's decision to not defend the domestic partner registry legislation. Now, we're being informed that he has written a letter to Governor Doyle to explain his decision. Apparently he will not defend the legislation because he believes it is flawed and that a domestic partnership may be substantially similar to that of marriage.

Well.. I'm curious about the full contents of that letter. So far the news hasn't revealed much more which hasn't been revealed before. Except of course that the AG believes the law is flawed.

I, for one, am wondering if religious conservatives are capable of putting their beliefs aside and constructing a legal status which grants rights to same-sex couples.

Our governor believes that all couples deserve legal protection. Up until now, not all couples have had that the ability to receive protections through the government. No matter how you look at it, the solution now in place has the best of intentions: to provide basic protection to same-sex couples. Some such as the Journal Sentinel's Patrick McIlheran would have you believe that this is not about legal protection, but only about sanctioning love or the right to love. Believe what you want because we're all free-thinking individuals. Just don't remind me that all couples have the option of purchasing legal protection. That suggests that opposite-sex couples have had TWO options for legal protection -- one a fraction of the cost of the other -- while same-sex couples only have had ONE EXPENSIVE option. And this doesn't even include the cost of the commitment ceremony or wedding, for those couples that choose to have a celebration.

I will go out of my way, however to say this. I agree: the domestic partnership declaration and the marriage license are identical in many ways except in who each is for and which rights are granted.

A quick side-by-side comparison of marriage licenses and domestic partnership declarations (based on my understanding) shows:

• Two distinct audiences: one is for opposite-sex couples, the other for same-sex couples.
• Different sets of rights:
  • Mathematically, 43/1200+ is less than 4%.
  • The declaration grants 43 rights from the state and no federal rights.
  • The license grants 200+ rights from the state and 1000+ federal rights.
  • Unlike marriage, the declaration does not grant adoption rights, legal support obligations, and comprehensive property rights.
• Unlike marriage, divorce law is not required to end the domestic partnership.
• They cost the same to obtain.
• Both have the same qualification criteria.
• Both are granted by the same process and same government officials.
• A member of clergy is not required for both.

I'm forced to ask: when it comes to any legal construct which would grant rights to same-sex couples in Wisconsin:

• Should it cost a percentage of the charge for a marriage license? In other words, should the domestic partnership declaration cost 4% that of a marriage license? In Waukesha County that would be $3.7625 instead of $105.
• How long should they be together before they can become eligible for basic rights and protections?
• What process should they follow and how should the process be administered?
• From whom should they obtain the documentation for said legal construct?
• What words should be spoken when granting the documentation?

I seriously doubt a casual definition to determine who is eligible, as McIlheran suggests, would fly with Joe the Voter. Might as well include Julaine Appling's "two men in an ice shanty" statement as a qualification to register.

So to all these people who are basically complaining about this small taste of equality that Wisconsin gay couples now have, I dare you to answer the following questions:

• What will it take for you to allow and to work towards establishing a legal construct to grant rights and protections for same-sex couples, instead of using law to eradicate access to those rights?
• What makes those rights special to opposite-sex couples?

Thank You Governor Doyle For The WI Domestic Partner Registry!

Governor Doyle has included in this year's budget a provision for setting up a statewide domestic partner registry. This is great news for the thousands of same-sex couples living in Wisconsin. According to Fair Wisconsin, the statewide domestic partnership registry will grant access to 43 rights, protections, and privileges to same-sex couples who choose to register.

In his address, Governor Doyle stated:

If we want our economy to flourish – if we want to help attract and retain talented workers – it is also time to make sure our state takes some basic steps toward fairness and decency. First, we can make sure that domestic partners who work for the state have access to benefits. We can also make sure that a committed couple has visitation rights at a hospital, and the right to take the appropriate leave if one has a serious illness. This isn’t an issue of being gay or straight – we are not judging people’s lives here. But I don’t want the state to stand in the way of someone being able to care for their long-term partner. And I don’t want the state to be less competitive at our university and other institutions because we don’t treat people fairly.

When you break down that absurd second sentence of the amendment which bans civil unions and marriage for gay couples.. never mind the debate whether or not a registry (in other words a list) creates a legal status. It goes without saying that the "legal status identical or substantially similar" clause is far-reaching and meant to include "civil union." In fact Appling herself has made it quite clear that the amendment was intended to ban gay marriage and not to limit domestic partner benefits.

Take into consideration Webster's definition for the word substantial. Mathematically, 43 out of 200+ is not even close to a majority. I cannot see how 43 rights, privileges, and protections are considerable in quantity or significantly great compared to the 200+ that can be granted to heterosexual couples automatically at the stroke of a pen. This is far from substantial.

Nevertheless:

In simplest terms its about equal treatment under the law. 43 out of 200+ may fall short of full equality, but its far better than having nothing. Besides: government should be granting rights, privileges, and protections and not eliminating them. Among the protections the new registry will grant are requiring hospitals to allow visitation of domestic partners and requiring businesses with 50 or more employees to allow family leave in the event of the death or serious illness of a domestic partner.

These are issues that we should not be worried about in times of emergency, and I cannot wait to find out more about the other 41 rights, protections, and privileges.

Thank you Governor Doyle for several things. You've given us the choice to register our long term relationships if we desire to do so. You've eased the burden we face in order to establish legal protections for our relationships. You've freed up time, money, and energy which we can now spend elsewhere.

Most of all -- thank you Governor Doyle for granting rights, protections, and privileges for the same-sex couples of Wisconsin!!

(but first the budget has to pass.. hopefully the beancounters out there can see the potential new revenue source here, no?)