September Luncheon Recap

The DeKalb Bar Association held its first luncheon of the year on September 20. The luncheon was held at the Historic Courthouse and was sponsored by the Stonewall Bar Association and Ballard Spahr, a national law firm with offices in Atlanta. Mr. Brian Basinger presented An Overview of Same-Sex Marriage Case Law, Legislation and Related Issues. Mr. Robert M. Lewis, Jr. presented Why “Marriage” Matters: Financial and Legal Consequences of Marriage Inequality.

Mr. Basinger, an associate with King & Spalding, discussed different legislation throughout the United States relating to gay marriage and civil unions. He discussed the different approaches states have taken to domestic partnerships. For example, Maine provides for domestic partnerships so that same sex couples can inherit and serve as next of kin for funeral arrangements but do not have standing for tort claims and may not file joint state income taxes. Notably, Brian discussed the constitutional challenge of Proposition 8 in California in the case of Hollingsworth v. Perry. The defendants in Hollingsworth have asked the Supreme Court of the United States to grant certiorari. The Court reviewed the petition at its September 24 conference.

Mr. Lewis, a lawyer for the U.S. Department of Labor, stressed the impact that “marriage” has on our daily lives. For example, the US Code has more than 1,100 federal statutory provisions that make a reference to marital status in receiving benefits, rights or privileges. For example, although workers are required to contribute to Social Security, survivors of same-sex partnerships are denied benefits under their partner’s survivor income. Same sex partners are not entitled to full benefits under Family and Medical Leave Act (FMLA) because FMLA applies to an employee’s spouse. This makes it difficult for a partner to take time away from employment to care for an ailing partner.

Both Mr. Basinger and Mr. Lewis seemed hopeful about the changes on the horizon. The federal government now offers more benefits and protections to same-sex partners, but still denies access to health insurance coverage for the same-sex partner. With the petition for certiorari in Hollingsworth v. Perry, there may be some more changes in the very near future.

– Adriana de la Torriente, Torriente Marum, LLC