Florida Agenda

SARASOTA – Residents of Sarasota are calling for the establishment of a “domestic registry” that would bestow rights upon both gay and straight couples in issues of healthcare, funeral decisions, and other matters. The gender-andsexual- orientation-neutral measure would grant to couples certain legal rights in a partner’s life, and would not challenge existing laws governing civil unions and gay marriage. not a marriage,” said business owner Grace Carlson at a Monday night meeting of the Sarasota City Commission.

“This is definition that is recognized by the state of Florida,” she added. “It’s defining a relationship between two loving, committed adults who share a residence and a common life, who provide and care for one another and immediate family members.” Carlson and former city commissioner Ken Shelin presented language for a proposed ordinance, which would then require public hearings before commissioners make their determination. The city currently recognizes domestic partnerships for city employees, under which couples can participate in health and life insurance coverage, among other benefits.

The Sarasota proposal defines domestic partners as “two adults who have chosen to share one another’s lives in a family relationship. Two persons are considered to be domestic partners if: They consider themselves to be members of each other’s immediate family. They agree to be jointly responsible for each other’s welfare.

Neither of them is married under the laws of the State of Florida, is a member of another domestic partnership, or civil union with anyone other than the co-applicant.” According to U.S. Census data, more than 12 percent of American households have domestic partners, a five percent increase since the previous U.S. Census in 2000.

TAMPA, FL – Taking a cue from recent decisions by Orlando’s city government and the mayor of Orange County to establish domestic partner registries, Tampa may become the next Florida city to allow unmarried couples to register as domestic partners. Last week, Tampa City Councilwoman Yvonne Capin proposed a registry to include both straight and gay couples.

“We want to move into the 21st century,” Capin told reporters following last week’s council meeting. “This is the way people live today.” The councilwoman says that a domestic partner registry is in step with the values and needs of a modern society. “It’s not illegal to cohabitate,” Capin pointed out. “So we need to accommodate those people. And there are some people that can’t get married.”

Capin’s proposal is based upon the ordinance that took effect in January in Orlando. A similar plan is expected to be implemented across Orange County with the backing of Mayor Teresa Jacobs, who lent her support to such a measure last week after several months of public soul-searching on the issue.

Orlando’s domestic partner registry permits domestic partners to visit each other in the hospital, make health care decisions for one another, make funeral and burial arrangements for one another, be considered each other’s next of kin for the official purposes of police and other first responders, designate one another as caretaker in the event of incapacitation, and participate in school activities as parents of their shared children. “Nothing in this ordinance shall be construed as recognizing or treating a domestic partnership as a marriage,” the ordinance reads.

Tampa Mayor Bob Buckhorn said he is in favor of creating a domestic partnership registry. “Giving folks who are unmarried but in a relationship the right to be there at a critical time for their partner is humane and absolutely defensible,” Buckhorn stated. Since 2005, Tampa has extended insurance benefits to the domestic partners of city employees. A similar measure was rejected by the rest of Hillsborough County in 2009. Capin’s proposal would call for people who register as domestic partners to receive a card which instructs first responders whom to call in case of an emergency. Domestic partnerships would be tracked by a database maintained by the city. Census data indicates that Tampa has over 9,000 unmarried-partner households. Less than 10 percent are same-sex couples.

By Cliff Dunn

Playwright Tony Kushner’s award-winning “Angels in America” is coming to Andrews Living Arts (ALA) in Fort Lauderdale for a four-week run. The play, set in New York City during the mid-1980s, follows the interconnected lives of several people affected by the AIDS crisis, including former Nixon and Reagan advisor Roy Cohn, who died in 1986 claiming to the very end that he was suffering from liver cancer.

ALA producer and “Angels” director Robert D. Nation says the production “will feature some of the finest actors in the South Florida area.”

The production first appeared on Broadway in 1993 and was included in Harold Bloom’s controversial 1994 list of the most important works in literature. “Angels” – which has not been seen in South Florida in over a decade – previews August 11, opens August 12, and plays through September 4, with shows on Thursday, Friday, Saturday, and Sunday at 7:30 p.m.

In Vino Veritas

To celebrate their establishment’s One- Year Anniversary, owners Scott Kraft and Paula Pace of The Mason Jar Café invite you to partake (responsibly) of their halfprice wine special – by the bottle or by the glass – throughout the month of August (just try not to overdo it).

Go, West!

South Florida Congressman Allen West was hoping for more of a warm welcome when he was invited by the Wilton Manors Business Association (WMBA) to address its members at a meeting in Hagen Park on August 8. Instead, the invitation drew heat (the prickly kind), including sharp criticism from gay activists.

Michael Rajner, Legislative Director of the Florida GLBT Democratic Caucus, wrote to members of WMBA saying that anything short of a cancellation of West’s visit would result in “community leaders and other social justice advocates” “boycott[ ing] any and all businesses” that are members of the business association.

The Republican West, a retired Army lieutenant colonel elected to the U.S. House in 2008 (his 22nd Congressional District represents the eastern part of Wilton Manors, then loops around to more politically conservative environs), opposes gay marriage, as well as the repeal of the Don’t Ask, Don’t Tell ban on gays serving openly in the armed services.

Rajner said that West’s scheduled appearance at the Island City organization would fly in the teeth of the type of diverse community that Wilton Manors represents.

The association’s president, Celeste Ellich, said that West’s opposition to a number of gay rights issues shouldn’t disqualify him as an invited speaker asked to discuss matters related to business, debt and the economy. But Ellich, who ran unsuccessfully last year for a seat on the Wilton Manors City Commission, called a previously unscheduled meeting of the WMBA board on Monday, August 1, to determine the best course of action.

A source close to Open for Business says that as of this column’s writing, the August 8 meeting had been cancelled (which would seem to void the need to rescind West’s invitation, or put the embattled lawmaker in the equally awkward position of having to decline it at the last minute).

For his part, West didn’t sit out the controversy watching from the sidelines. In a letter to Ellich, West wrote: “I am concerned about individuals or organizations that would call upon a boycott and try to hurt hard-working small business owners only because an association wants to be better informed on business related issues that are taking place in Washington, D.C.” Stay tuned for the fallout.

Domestic Partner Tranquility

A report released last week by the Federal Bureau of Labor Statistics says that about a third of all workers in the U.S. has access to health care benefits for samesex partners. The findings, which were released July 26, are part of the first comprehensive count of domestic partner benefits by a federal agency.

Philip Doyle, the Bureau’s assistant commissioner, says that the results came about after officials added two questions about domestic partner benefits for samesex couples to the National Compensation Survey. The Survey – a sample of 17,000 businesses and local governments – found that 33% of state and local government employees have access to domestic partner health benefits for same-sex couples; in the private sector, that number is 29%.

The findings reveal that access to benefits varies depending on the type of job. Among the highest rates of access were had by business and financial managers, at 52%; in the service industry, only 17% of employees had access. (In total, 42% of service workers have access to health care; about a third of those had access to domestic partner health benefits.)

Among private employers, the regions of the country with the greatest access were the Pacific region (California, Oregon and Washington State), the Mountain region (including Colorado, Wyoming and New Mexico) and New England. The South is among the regions with the lowest access.

Among other things, the findings will allow researchers to track whether laws on same-sex marriage affect the availability of domestic partner benefits.

By the Numbers

According to the Urban Institute (“Facts and Findings from The Gay and Lesbian Atlas”), Wilton Manors ranks 3rd in the U.S. for percentage of gay residents, as a proportion of total population. (Wilton Manors has approximately 1270% more gay men per capita than the national average.) The Fort Lauderdale area in general ranks 4th in Metro areas (per capita). Oakland Park is ranked 6th.

If you’re “Open for Business”, you can contact Business Writer and Director of Sales, Cliff Dunn with your story at Business@FloridaAgenda.com

FT. LAUDERDALE, FL – The Fort Lauderdale City Commission voted to extend health insurance coverage to domestic partners of city employees, a step that Broward County employees have enjoyed since 1999. The insurance coverage will begin in January, 2012, when the new insurance contract goes into effect.

The domestic partnership must be registered with Broward County and applies to both gay and straight unmarried couples.

Domestic partner benefits on the horizon

By DMITRY RASHNITSOV

Linda Stewart, (photo) Orange County Board of Commissioners District 4, is the champion
for LGBT rights in Central Florida.

Central Florida took a big step forward Nov. 23 in its move to protect the rights of its LGBT citizens. By a 6-1 vote, Orange County, home to Orlando, Disney World and Universal Studios, banned sexual orientation and gender identity-based discrimination in employment, housing and public accommodations.

Those that voted in favor of the bill include:

• Mayor Richard T. Crotty;
• District 1 Commissioner S. Scott Boyd;
• District 3 Commissioner Lui Damiani;
• District 4 Commissioner Linda Stewart;
• District 5 Commissioner Bill Segal; and
• District 6 Commissioner Tiffany Moore.

“I think they are going to find that it’s very reasonable and it’s worth it,” said Stewart, the commission’s leading advocate of gay rights.

The lone “no” vote was from District 2 Commissioner Fred Brummer. His objection was based on federal housing rules and the potential of fraudulent lawsuits.

“There were so many people that did so much behind the scenes work to make this happen,” said supporter and Orlando resident Randy Ross. “In the past two months this effort went from zero to 60 with great speed. The message was clear: Orange County believes in Equality – bottom line.”

Orange County is the largest local government in Central Florida. The passage of the ordinance is the culmination of years of organizing, lobbying and education by Equality Florida and the Orlando Anti-Discrimination Ordinance Committee.

“It’s a completely different world than it was 10 years ago,” said Patrick Howell, a lawyer and activist who lobbied for the new protections in both Orlando and the county. “A lot of this is about sending the message that Orange County is an inclusive. Everyone’s welcome.”

The new law exempts religious organizations and small businesses. The ordinance is modeled off an ordinance already in place in Leon County. With the vote, Orange County joins other municipalties that already have similar LGBT protections in place. They include Broward, Miami-Dade, Pinellas and Palm Beach counties.

Supporters wore red shirts and filled the commission chambers for the vote.

No residents spoke against the measure, a far cry from the scene in 2002 when the City of Orlando passed similar protections. That close vote was plagued with opposition from several religious groups and sparked heated debate. The Nov. 23 vote, however, will not be the only issue affecting Orange County’s LGBT and straight community. Mayor-elect Teresa Jacobs, who will take office Jan. 4, has promised to support some type of measure favoring domestic partner benefits.

“It’s the next step in the work that we need to do on the county level,” said Joe Saunders, Equality Florida’s statewide field director. “Right now, same sex couples that work for the county can’t share their benefits, and that’s just wrong.”

By Dmitry Rashnitsov

The Centers for Medicare & Medicaid Services (CMS) proposed new rules for hospitals that would protect patients’ rights to choose their own visitors during a hospital stay, including visitors who are same-sex domestic partners.

The new proposed rules implement an April 15, 2010, Presidential memorandum, in which the President tasked HHS with developing proposed standards for Medicare- and Medicaid-participating hospitals (including critical access hospitals) that would require them to preserve the rights of all patients to choose who may visit them when they are inpatients of a facility.

The proposed rules would require every hospital to have written policies and procedures detailing patients’ visitation rights, as well as instances when the hospital may restrict patient access to visi

tors based on reasonable clinical needs.

A key provision of the proposed rules specifies that visitors chosen by the patient (or his or her representative) must be able to enjoy visitation privileges that are no more restrictive than those for immediate family members.

“Every patient deserves the basic right to designate whom they wish to see while in the hospital,” said HHS Secretary Kathleen Sebelius. “Today’s proposed rules would ensure that all patients have equal access to the visitors of their choosing—whether or not those visitors are, or are perceived to be, members of a patient’s family.”

The proposed rules would update the Conditions of Participation, which are minimum health and safety standards all Medicare- and Medicaid-participating hospitals and critical access hospitals must meet.

Specifically, the proposed rules would add new requirements for hospitals and critical access hospitals to explain to all patients their right to choose who may visit them during their inpatient stay, regardless of whether the visitor is a family member, a spouse, or a domestic partner (including a same-sex domestic partner), as well as the right to withdraw such consent at any time.

“This proposed rule is an important step forward in the rights of all Americans to expect equal rights and privileges from the health care system, regardless of their personal and familial situations,” said Marilyn Tavenner, CMS acting administrator.  “In the environment of inclusion that this rule promotes, patients and providers can expect improved patient experiences of care.”

The proposed rules are available for public comment for 60 days and will be finalized after CMS has read and considered the comments.

President Hopes to Sign Legislation Soon to Extend Benefits to Same-Sex Domestic Partners of Federal Employees

Photo: President Barack Obama listens to a point being made during a meeting in the Oval Office (Official White House Photo by Pete Souza)

By DMITRY RASHNITSOV

Hoping to give congress a nudge in the right direction, President Barack Obama has sent out a memo to all legislators, asking them to pass the Domestic Partnership Benefits and Obligations Act, a bill that would allow LGBT federal employees to give their unrecognized same-sex spouses and partners health insurance, life insurance, government pensions, and other employment related benefits and obligations that married heterosexual federal employees enjoy by being married and heterosexual.

“Last year, I issued a Presidential Memorandum that instructed the Office of Personnel Management and the Secretary of State to extend certain available benefits they had identified to gay & lesbian federal employees and their families under their respective jurisdictions,” Obama wrote.  “I called upon the federal agencies to undertake a comprehensive review and to identify any additional benefits that could be extended to the same-sex domestic partners of Federal employees under existing law.   That process has now concluded.”

If the bill passes, it would also extend benefits to heterosexual domestic partners, even if they are not married.

“My administration continues to be prevented by existing Federal law from providing same-sex domestic partners with the full range of benefits enjoyed by heterosexual married couples,” Obama wrote. “That is why, today, I renew my call for swift passage of an important piece of legislation pending in both Houses of Congress—the Domestic Partnership Benefits and Obligations Act.  This legislation, championed by Senators Joe Lieberman and Susan Collins and Congresswoman Tammy Baldwin, would extend to the same-sex domestic partners of Federal employees the full range of benefits currently enjoyed by Federal employees’ opposite-sex spouses.  I look forward to signing it into law.”

The history of this bill, is similar to many other pieces of LGBT legislation, it is introduced and then it languishes in congress.

The bill was originally introduced by Rep.

Baldwin in the house and Sen. Lieberman in the Senate in December 2007, but it died in committee in September 2008 without ever coming to a full vote. It was reintroduced in May 2009 in both houses, and cleared out of committee’s by the end of last year.

Openly gay Rep. Barney Frank (D-MA) indicated that he believes supporters of the act “have a shot” at passing the bill. Neither branch of Congress has scheduled the bill for a vote yet.