Monday, November 24, 1997
Regents defy governor, OK benefits plan
DOMESTIC PARTNERS:
Measure allows health care for same-sex couples, others who
can’t marryBy Caroline M. Bontia and Dennis Lim
Daily Bruin Contributors
After a politically charged debate, the Board of Regents on
Friday narrowly approved a plan that will extend health-care
benefits to domestic partners of the UC’s faculty, students and
staff.
The regents’ 13-12 vote puts an end to a 16-year struggle that
has challenged the definition of "marriage" and "partnership."
Of the 26 regents, Velma Montoya abstained from voting.
Friday’s vote will mean that by the middle of next year,
same-sex partners will be able to obtain medical, dental and vision
care, costing between $1.9 and $5.6 million a year.
The university defines a domestic partner as a partner of a
university employee eligible for benefits. Both partners must be 18
years of age, not married to any other person and not committed to
any other domestic partner, living together in a long-term
relationship.
Other requirements include mutual financial support, such as
joint copies of homeownership or lease and common bank
accounts.
"I am thrilled," said Robert Gentry, an employee of UC Irvine.
"This is the first time in my almost 30 years of employment with
the University of California that I feel accepted and included with
the university. I am exuberant."
The narrow vote could be attributed to the political tactics of
Gov. Wilson, who staunchly opposed the measure.
Wilson appointed three new regents this past week: Ralph Ochoa,
John Hotchkis, and Carol Chandle  all of whom voted against
it.
Hotchkis and Chandler were appointed the night before the final
vote. There is speculation as to whether Wilson’s political
maneuvering greatly influenced the new regents’ decisions.
"I don’t know how you can describe how two new members on the
board at the 11th hour get together and not have the benefit of the
discussion since September or July. I would describe this as
politics on the part of Wilson," said Lt. Gov. Gray Davis, who sits
on the Board of Regents by virture of his office.
Still, despite the narrow vote, Davis is positive about the
decision.
"I was pleasantly surprised by the decision. I have been in a
couple of battles with the governor and he always wins, so I was
very proud of the board," he said.
Currently, numerous other educational institutions provide
domestic-partner health benefits, including Stanford, MIT, Yale and
Harvard  and public universities such as the University of
Michigan, the City University of New York and the State University
of New York at Buffalo.
What is excluded from the UC’s domestic-partnership package,
however, are extended benefits for retirees.
The regents have decided to order further studies of similar
proposals to open married-student housing to gay and lesbian
couples.
"In the sense of equity, I am delighted that it passed. As a
responsible regent, we are headed for trouble," Ochoa said.
As argued by Wilson, the policy could invite future litigation
against the university.
The debate surrounding the proposal demanded careful
deliberations from both sides of the issue.
Much of the discussion centered on how to keep faculty and
student competitiveness without the legal and financial
ramifications of giving same-sex partners the same benefits granted
for "married" couples.
According to the governor, California law prohibits same-sex
couples from legally marrying. The University of California, a
publicly funded institution, therefore cannot extend
domestic-partner benefits to same-sex couples. This would be unfair
to heterosexual couples who are not married.
"The real issue is not whether gay and lesbian staff are
entitled to live together. The real issue is whether or not the
university is clearly going to treat something that is less than
marriage as the equivalent of marriage," Wilson said during
Thursday’s deliberations.
"I think we’re on the edge of discriminating against another
group, heterosexuals who have committed to each other, but have
decided not to marry," Ochoa added.
For now, those in favor of domestic partnership celebrated
heartily and praised the work of those who helped organize protests
and rallies.
"I think what won the battle for us were lots of people who were
open, who were gay and lesbian, who came forward and told their
stories of their lives in an honest and open way," Gentry said.
"I am absolutely thrilled and sad at the same time because my
partner of 11 years died a year ago with breast cancer. She spent
the last month of her life commuting the L.A. rush hour instead of
doing what she wanted to do, all because there was no domestic
partnership," said Rose Maly, assistant professor of family
medicine at UCLA.