When she encounters citizens who don't understand why communities need domestic partner registries, Orlando city commissioner Patty Sheehan tells the story of her friend Henry, who hated the idea of a his body being buried in the ground. Henry expressed to his partner his desire to be cremated, but his communication about his wishes stopped there. When Henry died, his partner did not have any legal rights to end-of-life decisions, so Henry was buried. In addition to mourning the loss of his love, Henry's partner also had to attend a funeral that he knew, intimately, was against Henry's wishes. It made an already gut-wrenching situation even more difficult.
Burial decisions are just one of the rights automatically granted to heterosexual married partners. While same-sex marriage remains illegal in the state of Florida, a growing number of gay couples now have access to domestic partner registries. Through registration, same-sex couples become entitled to a subset of the rights granted by heterosexual marriage. In Orlando, registered couples receive the following protections: hospital visitation, rights to health care decisions, correctional facility visitation, rights to funeral/burial decisions, guardianship and the right for both domestic partners to participate in the education of their children. That is the standard set of protections provided by most domestic partner registries that currently exist in the state of Florida.
Attorney Mary Meeks, Orlando Anti-Discrimination Ordinance (OACO) committee member, said the registries she's been fighting for provide the most crucial rights and benefits that are legally available at the local level.
“We believe it significantly improves he quality of people’s lives to be able to be involved in the most important life and death decisions in your partner's and children's’ lives, even though you have no legal connection to your family,” Meeks says.
Some who have opposed registries have said they're redundant, which Meeks says is a myth.
“A lot of people still seem to think that through legal documents, we can create the equivalent of those rights [provided by domestic partner registries] and that’s simply a very dangerous misconception that is not true,” she says. “In your own family, you shouldn’t have to hire a lawyer and spend thousands of dollars to create a stack of legal documents that may not be correct. You'd have to carry with you in every moment in your life and which can be disregarded.”
Surge from the South
Florida's first domestic partner registry was established in Key West in 1998. Over the next few years, several South Florida cities and counties followed suit, including Broward County, Miami Beach, Palm Beach County, West Palm Beach and all of Monroe County. The domestic partner registry trend didn't kick off in Central Florida until December 2011, when the Orlando City Council approved a registry. Since then, registries have spread like wildfire across the region, with full approval in Tampa and pending registry ordinances in Clearwater, Gulfport, St. Petersburg and Volusia County.
“The bigger message is that community leaders, elected officials and commissions, are stepping up to do this and see a trend in Florida,” said Joe Saunders, Equality Florida Field Director. “This is the right thing to do and this is the smart thing to do.”
Sheehan said she's “very proud” to see an ordinance she fought for catching on in other communities.
“I think what happens is when you do something like a domestic partner registry and there’s all the positive publicity and support from community, it’s easier for other communities to hop on board,” she said.
Gay rights = political powerhouse
For perhaps the first time in history, there is evidence of real political clout to be gained by supporting gay rights issues”¦and consequences.
Sheehan pointed out that all three Orlando commissioners who voted against proposed non-discrimination ordinances in 2002″Mayor Glenda Hood, Commissioner Vicki Vargo and Commissioner Don Ammerman”did not get re-elected.
Beyond personal politics, advocates argue that domestic partner registries don't just benefit the registered couple”they benefit communities at large.
“Every time we do something for equality, it makes the city look good,” said St. Petersburg City Councilman Steve Kornell. “”It says, “Come here, your employees will be welcome.'”
Tampa City Councilwoman Yvonne “Yolie” Capin said the registry “reinforces our diversity,” and Tampa City Councilwoman Mary Mulhern said the fact that the registry has not been controversial is proof that the community realizes “it's the right thing to do.”
Saunders added that the benefits extend beyond a community's reputation, as domestic partner registries can translate into real dollars.
“It's an advantage for economic development,” he said. “These registries give [corporations] more incentive and a competitive advantage to move in. Those that don't create registries will fall behind.”
Finally, some recognition!
While LGBT advocates mainly cite the business side of domestic partner registries, outlining why the benefits themselves are important, it's clear that there's a deeper, symbolic motivation in the fight for the right to be registered with a same sex partner. On the first day the City of Orlando registered domestic partners, the atmosphere was decidedly matrimonial, with a wedding cake in the lobby, hired photographers, modest flower bouquets and a live harpist commissioned for the occasion. Those symbols hinted that for many couples, the registry is a way to declare an emotional, romantic commitment in a state where same-sex marriage remains illegal.
“Symbolically, it's hugely important because for first time in Florida, it recognizes domestic partner families as families,” Meeks said. “That’s a hugely important thing that has never happened for [gay couples] before.”
A domestic partner registry is subjacent to marriage and it does not represent equality. However, while same-sex couples are legally barred from obtaining marriage certificates, a laminated domestic partner registry card may be the best way for gay couples to declare that they are committed, devoted and in love.
May 22, 2011 Orlando mayor Buddy Dyer sends a letter to Orange County mayor Teresa Jacobs, encouraging the county to join the city in establishing a domestic partnership registry.
June 14, 2011 Mayor Jacobs responds via letter, promising to review the issue but making no commitment on timing.
June 21, 2011 Three Orlando Anti-Discrimination Ordinance Committee (OADO) members attend County Commission meeting to urge the commissioners to move forward on the issue.
October 2011 City of Orlando staff write domestic partner registry ordinance.
Dec. 5, 2011 City of Orlando schedules first of two public hearings on domestic partnership registry.
Dec. 12, 2011 Orlando City Commission unanimously approves domestic partnership registry.
Jan. 9, 2012 Central Florida LGBT activists call an emergency meeting to address the issue of a countywide domestic partner registry after Mayor Jacobs proposes a form-based system that activists call a “sham.”
Jan. 12, 2012 Orlando begins registering domestic partners. Mayor Jacobs releases statement clarifying her position on domestic partner registry, stating that she is still evaluating possible actions.
Jan. 13, 2012 Mayor Jacobs tells the media she’s warming to the idea of a domestic partner ordinance.
Jan. 26, 2012 Mayor Jacobs and LGBT activists meet to discuss a countywide domestic partnership registry.
Feb. 21, 2012 Mayor Jacobs presents domestic partnership registry plan to county commissioners, who do not hold a formal vote but decide to move forward.
Feb. 24, 2012 Tampa City Councilwoman Yvonne Capin asks city staff to create domestic partnership registry ordinance.
March 15, 2012 Tampa City Council gives unanimous first approval to domestic partnership registry.
April 5, 2012 Tampa City Council approves domestic partnership registry in final vote. On the same day, St. Petersburg City Councilman Steve Kornell introduces a domestic partnership registry to council.
April 12, 2012 Tampa Mayor Bob Buckhorn signs domestic partnership registry.
April 16, 2012 Clearwater City Council requests domestic partnership registry ordinance.
April 19, 2012 Gulfport City Council considers domestic partner registry, requests ordinance from staff. Volusia Council decides to move forward on domestic partner registry.
June, 2012 Tampa's city clerk expects to begin registering domestic partners.
