History!
At 7:10 p.m. on Thursday, April 14, from the floor of the Delaware House chamber, I updated my Facebook status to read, “We did it! History!”
The 26-15 vote in the House of Representatives was the fourth consecutive favorable outcome in a span of just 15 days for SB 30, the Civil Union bill. A week earlier, the Senate voted 13-6 (2 absent) in favor of the bill. Committee hearings and testimonies had already been held in each House, with passing votes required before the bill could be moved on for a vote by each body.
In truth, history wasn’t actually made at that point, but it will be on Wednesday, May 11, when Governor Jack Markell signs the bill into law. It will go into effect on January 1, 2012. Happy New Year!
SB 30 will create a new legal relationship for couples prohibited from marriage for reason of gender. Parties to a civil union will bear the same responsibilities and enjoy the same rights and protections, to the extent possible, as exist for married, opposite-sex couples.
More encompassing than virtually any other similar bill enacted in the U.S., the Delaware Civil Union bill will ensure that parties to a civil union performed in Delaware, even if later residing in another state, can seek dissolution of the legal relationship in the Delaware courts.
Once signed, Delaware will become only the eighth state in the nation to legalize civil unions or domestic partnerships, joining California, Hawaii, Illinois, Nevada, New Jersey, Oregon, and Washington. This will bring the total number of states that have enacted some level of legal recognition of same-sex relationships to 20.
Currently, same-sex marriage is legal in five states (Connecticut, Iowa, Massachusetts, New Hampshire, and Vermont), plus the District of Columbia. Three states, New York, Rhode Island, and Maryland, recognize same-sex marriage but don’t grant same-sex marriage licenses. Colorado, Maine, and Wisconsin offer some type of “limited protections” under the definition of civil unions or domestic partnerships (e.g. reciprocal beneficiary rights).
Speaking of history, here’s a bit more. Legal issues involving same-sex marriage (including civil unions, domestic partnerships, etc.) are complicated by the U.S. federal system of government. Same-sex marriage is recognized at the state level only, as the federal Defense of Marriage Act (DOMA), passed in 1996, preempts inconsistent state law and defines marriage as a “union of one man and one woman.”
Since ‘96, 29 states have enacted defense of marriage constitutional amendments, with 12 additional states prohibiting same-sex marriages via statutes.
In a major policy reversal, the Obama administration said in February that it will no longer defend the constitutionality of DOMA. The Justice Department had previously defended the act in court until then. The repeal of DOMA remains the single most important issue facing the LGBT community on a national level.
As a practical matter affecting same-sex couples in everyday life, DOMA allows private employers who offer health and retirement benefits, subject to the Employment Retirement Income Security Act (ERISA), to not extend such benefits to a spouse in a civil union.
This and other examples remind us that we have a long way to go in the pursuit of full equality. The senseless attack of a transgendered individual in Baltimore just two weeks ago reminds us that this segment of our community still needs protection and their cause should be an immediate priority. Much work truly remains to be done.
I would be remiss without acknowledging the incredible work of Equality Delaware (EQDE). Led by President Lisa Goodman, the non-profit organization executed an exemplary plan to see the bill thru to passage. Other states are now reaching out to EQDE for guidance in their efforts. Special thanks are also extended to Senator Dave Sokola and Representative Melanie George, the prime Sponsors of SB 30 in their respective Houses.
And then there’s our very own 14th District Representative Pete Schwartzkopf who has long been an outspoken advocate in support of virtually all matters of importance to his LGBT constituents. To Governor Markell, Lieutenant Governor Denn, and each of the 11 Senators and 26 Representatives who voted in favor of SB 30, a grateful community says, “Thank you!”
Here at CAMP Rehoboth, I was very proud and appreciative of the efforts of nearly 30 people who volunteered to make several thousand phone calls to registered voters, asking them to voice their support of the bill to their legislators. The testimony of Senator Bunting and Representatives, Bennett, and Jacques, revealed our efforts made a difference in each of their votes, possibly several more.
Reflecting on the last few months, I’m filled with lasting memories of participating in this amazing and important process. Important for what it means not just to Eric and me, but what it means to those who love and support us, for what it means to thousands of other couples in this state, for what it means to those living in states who have yet to take on the challenge of enacting similar legislation, and for what it simply means in terms of establishing fairness and equality for all.
I encourage you to make the road trip north to Wilmington next Wednesday, (see page 4 for the details) in a show of support for this historic occasion and to participate in history being made. As the saying goes, there’s power in numbers, so let’s make a big and important statement to the residents of Delaware and to the nation. After all, we’ve earned it!
Chris Beagle, a realtor in Rehoboth and former mortgage loan officer, serves on the Board of CAMP Rehoboth. Email Chris Beagle