Volume 1 - Number 11 | January 2006
| January Issue in PDF Format … |
| Domestic Partnership Benefits and the States By Mark Momjian When the Human Rights Campaign began tracking companies offering domestic partnership benefits in 1989, the list comprised less than two dozen entities. Today, there are more than 8000 American companies offering domestic partnership benefits, including roughly 230 of the Fortune 500 companies. Of these companies, 95% offer domestic partnership benefits to both same-sex and opposite-sex couples, while 5% offer the benefits only to same- sex couples. |
| Testimony from Life Partners By David S. Buckel Attorneys representing clients in same-sex, committed relationships sometimes are unprepared to deal with opposing counsel's efforts to seek testimony disclosing the content of communications between a client and his or her same-sex life partner. In many jurisdictions, the non-client partner will be unsuccessful in asserting a privilege not to disclose this information, and forced at deposition -- and maybe at trial -- to divulge statements made by the client. Clients challenging the harms of negligence, medical malpractice, and even intentional torts have experienced a second round of harm as they watch a loved one testify about what they believed were secret exchanges. |
| New York Marriage Challenge Moves to Highest Court By John Caher and Daniel Wise Same-sex couples have no constitutional right to marry, New York's Appellate Division, 1st Department, ruled on Dec. 8, in the first decision by a state appeals court to address the issue. Rejecting a constitutional challenge, Justice Milton L. Williams wrote for a 4-1 majority that the state's limitation of marriage to a "union between one man and one woman" is based upon "innate, complementary, procreative roles, a function of biology, not mere legal rights." Joining in the majority decision were Justice James M. Catterson, George D. Marlow, and John W. Sweeny Jr. |
| Same-Sex Marriage As an Issue of 'Tolerance,' Not 'Acceptance' By Kevin Adler When it comes to same-sex marriage and related issues, proponents of equality often are divided over how they should make their case politically, socially, and in the courts. Some LGBT advocates believe that direct challenges are necessary to highlight the inequities faced by same-sex couples, while others counsel a more incremental and/or indirect approach. One of America's most prominent analysts of social change considered this issue recently, and he came down solidly on the side of a less-aggressive approach, arguing that many Americans who are now considered in the category of opposing same-sex partnerships actually would support them if the issue was properly framed. |
