Gay partnerships reaffirmation on Miami Beach commission agenda


Wires - State & Regional - Wire
By TANIA VALDEMORO - The Miami Herald

A Miami Beach city commissioner wants to reaffirm the city’s stance on domestic partnerships following the passage of a state referendum defining marriage as a union between a man and a woman.

Commissioner Jerry Libbin is sponsoring a resolution that expresses support for Miami Beach’s existing policies, which affords health benefits to city employees and their partners, gay and straight.

The city also has a couples registry, also for both gay and straight partners, that includes the right to make medical decisions. The registry is open to couples worldwide, but only applies to those visiting or living in Miami Beach.

The passage of Amendment 2, the state referendum that limits marriage to a union between a man and a woman, does not affect the city’s domestic partnership policies, city attorney Jose Smith said.

But Libbin said he was fielding concerns from constituents who wanted reassurance that the November vote would not affect them.

“I felt it is prudent and positive for the current commission to go on the record and affirm what we already have,” said Libbin, who noted four of the seven city commissioners — including himself — were not in office when the registry and employee benefits rules were passed.

The proposed resolution has drawn mixed reviews from the gay community.

“The city’s Gay Business Committee did not want this issue brought to the forefront,” said Babak Movahedi, who chairs the group, which serves as an advisory board to Miami Beach officials.

Movahedi said members feared the resolution could stir up opposition from those opposed to benefits for same-sex couples.

“Instead, they asked the city attorney’s office to find ways to make the existing domestic partner laws stronger,” he said.

But others welcomed Libbin’s efforts.

“This is a proactive step in the right direction,” C.J. Ortuno, executive director of SAVE DADE said. “The resolution serves a symbolic purpose. If Miami Beach is sued for its domestic partnership policies, it’s stance will be on the record.”

In 1998, city commissioners voted to give benefits to city employees — gay and straight — in domestic partnerships, including health insurance benefits and bereavement leave.

In 2004, they passed an ordinance that created a domestic partnership registry. Couples worldwide can visit Miami Beach and register as domestic partners. By doing so, they are able to get rights such as hospital visitation, participation in healthcare decisions and emergency medical notification when they are in Miami Beach.

To date, 310 couples have joined Miami Beach’s domestic partner registry, city clerk Robert Parcher said.

In November, 62 percent of state voters approved Amendment 2.

Smith, the city attorney, issued a legal opinion this month that said Amendment 2 does not affect Miami Beach’s ordinances. He cited a case that upheld Broward County’s domestic partnership policies, noting the court ruled those policies did not violate laws banning same-sex marriages.

Miami Beach’s ordinances are similar to Broward County’s, Smith said. The commission is scheduled to vote Wednesday.