Tucson, Arizona Wednesday, 30 January 2002
By Howard Fischer
CAPITOL MEDIA SERVICES

PHOENIX - State lawmakers took the first tentative steps Tuesday to giving legal recognition to gay couples.

With only token opposition, the House Judiciary Committee voted 7-3 to give "domestic partners" some of the same legal rights as married couples.

These range from being able to inherit property in cases where there is no will to being able to make medical decisions for a partner who is incapacitated.

To qualify, though, the couples would need to register with the clerk of Superior Court in the county where they reside - a procedure that would become law under the terms of a second measure approved by the same panel by an identical vote.

Both proposals could run into trouble in the House Rules Committee, where Chairwoman Karen Johnson, R-Mesa, opposes the concept. If the bills are held there, proponents must gather petitions with the signatures of 31 House members - a majority - to force a floor vote.

Even some foes of the bills concede there probably are enough votes to get the measures out of not only the House but also the Senate. This is the same group of legislators who just last year repealed laws against cohabitation, oral sex and sodomy, some of which dated to territorial days.

HB 2309, the less far-reaching of the two, sets up a process for registration of domestic partners.

Proponents said that some companies already offer domesticpartner benefits, such as health insurance and sick leave. But there is no single standard for defining "domestic partner."

Under this proposal, couples of the same or opposite sex who met certain requirements could register to essentially be recognized under state law. This list includes things like sharing basic living expenses and being in a "committed relationship intended to last forever."

That measure, in turn, paves the way for HB 2301 designed to grant some equity to domestic partners: Those people who have registered under the provisions of the other bill would be entitled to the same legal status as spouses.

But, unlike Vermont where the law provides full equity, this one deals only with a few select areas. Rep. Deb Gullett, R-Phoenix, said that means being entitled to the same hospital visitation rights as would be reserved for a spouse. It also means being able to obtain insurance for the other person and be named the beneficiary.

Gullett said it also means those who are registered can ask to be appointed the guardian of an incapacitated partner and even make medical decisions.

Rep. Gary Pierce, R-Mesa, questioned the need for all that.

He said that people who are in relationships, whether gay or not, can execute wills making the other person the sole beneficiary. And the power to make medical decisions can be done through things like creating a durable power of attorney.

Pierce said, though, his real concern is the message this type of legislation sends, particularly to "straight" couples.

"My issue is cohabitation as a whole and what it does to society," he said. "I hate to see us destroying the institution of marriage by setting up an alternative contractual relationship" in state law."

All content copyright © 1999, 2000, 2001, 2002 AzStarNet, Arizona Daily Star and its wire services and suppliers and may not be republished without permission. All rights reserved. Any copying, redistribution, or retransmission of any of the contents of this service without the expressed written consent of Arizona Daily Star or AzStarNet is prohibited.