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The Rainbow Clause:
Giving us the right to choose who; where; when; why; and how.
Utah Gives Employee Health Care to Gay
and Lesbian Partners
There has been yet another victory for supporters
of gay and lesbian rights. A city in one of the states you wouldn't think
of as 'liberal' or 'accommodating' has allowed the partners of gay and lesbian
public employees the right to health care. This is a tremendous victory in
the state of Utah. This is a step in the right direction - towards a more
tolerant society. It is not, however, the victory we all have been fighting
for in the long run. Regardless, every small victory should be celebrated
as a step closer towards the big victory as it makes way for more legislation
of its kind.
Of course, no victory comes without a price.
The public workers of Salt Lake City are allowed to register their partners
for health insurance benefits. The employees and their partners should both
be covered. There is only one thing stopping them from celebrating completely.
The triumph seems worthless when you consider the fact that the insurer of
the public employees is refusing to pay for the gay partners' coverage. The
city is paying for the insurance, though the insurer is choosing to go their
own route because they fear retribution by the opposition party.
In September, the Mayor of Salt Lake City, Rocky
Anderson, publicly announced plans to allow benefits for domestic partners
within the city. Unfortunately, the insurance company decided (at the last
minute) they no longer wanted to cover gay partners, and, thusly, they broke
their agreement with the city of Salt Lake City in relation to the proposed
coverage. Instead, the insurance company filed a lawsuit against the city.
The insurance company has claimed they do not
have to pay for the benefits because they are illegal in the state of Utah,
which has a constitutional amendment banning gay marriage. Of course, this
was not an issue until they were contacted by a Republican State Representative
for Utah, LaVar Christensen. The PEHP (Public Employees Health Program) wants
the issue to go before a judge since they believe that they may be illegally
providing health care benefits if they follow through with their agreement
to provide benefits.
This is typical for any legislation that has
been passed favoring gays in general. There is always an issue of legality,
morality, and the opposition feels it is their right to dictate how the GLBT
(gay, lesbian, bisexual, and transgender) community should live their lives.
They base their legislation on their own personal beliefs, and not on the
protections that should be afforded a minority group.
Representative Christensen was the person who
pushed through the legislation for the amendment banning gay marriage. He
apparently is so homophobic that if a judge rules in the favor of allowing
payment for gay partners he will push through legislation that supports banning
gay partner domestic rights, as well.
Mayor Anderson, on the other hand, faces more
legal trouble. He faces another lawsuit by a Christian law firm. The law
firm has been going state to state fighting for the anti-gay side. They argue
that the Mayor offered the benefits - even though he knew they would be illegal
based on the current constitutional ban.
Despite the fact that the Mayor must head to
court, the city is still asking that workers register their partners and
children before the end of November. They will be holding the registrations
until the court decides to rule on the matter.
Health care is the only benefit that has been
questioned (which is provided to domestic partners). Other benefits including
psychological services, auto insurance, home insurance, and legal services
that are afforded to heterosexual couples are in effect for domestic partners.
The insurers didn't question the Mayor or his ruling despite the very loud
protests of the right wing anti-gay movement.
For
more information on gay and lesbian marriage, please read our guide:
Same-Sex
Wedding Planner & Guide
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