Domestic partnerships bill passes first hurdle, but could meet its fate in Finance Committee
None | The New Mexican and wire services
Posted: Tuesday, February 02, 2010
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Supporters of a bill to establish domestic partnerships in New Mexico won a battle in the state Senate Tuesday, but they might have lost the war.

The good news is that the Senate Public Affairs Committee voted to give a do-pass recommendation to Senate Bill 183. But at the same time, the panel voted to send it to the Senate Finance Committee.

The Finance assignment is in addition to the Senate Judiciary Committee, which had scheduled a vote on the bill today.

The bill would give unmarried same-sex and opposite-sex couples the legal protections and benefits of married couples on issues ranging from medical decision-making to adoption and child support.

The move to send the bill to Finance was made by Sen. Tim Eichenberg, D-Albuquerque. Eichenberg, who voted in favor of a similar bill on the Senate floor last year, said he was concerned about the possible costs to the state.

Linda Siegle, lobbyist for Equality New Mexico, a gay-and-lesbian rights organization, said the move is bad for the bill. Seven senators on the Finance Committee voted against the domestic partnership bill last year. Only four members voted in favor of domestic partnerships last year.

The full Senate must decide today whether to honor the Public Affairs Committee's recommendation to send the bill to Finance. Siegle predicted the Senate would send it there.

The committee's action followed a joint hearing with members of Public Affairs and the Senate Judiciary committees attending. Large numbers of supporters and opponents filled the Senate gallery for the hearing. Dozens of people on both sides of the issue jockeyed for seats on the floor below to present their arguments to the committee members. Some people wore red stickers on their chests that urged legislators to vote against the bill, while others had on stickers that read "Yes! SB 183."

More than 800 pages long, it faces opposition from Republicans and conservative Democrats, but Gov. Bill Richardson has voiced support.

Despite the fact that the Finance Committee could be the lion's den for SB 183, Sen. Peter Wirth, D-Santa Fe, the bill's sponsor, said he was encouraged the bill passed its first hurdle. "We will take this one step at a time," he said.

Wirth argued that a domestic partnership is not marriage, but rather a civil contract that would grant basic rights to couples regardless of their sexual orientation. The measure would amend 281 statutes that spell out rights for married couples.

"These are fundamental rights that we currently give to one class of citizens but deny to domestic partners. This bill ends that discrimination," Wirth said.

He went on to say the measure would not change the state marriage statute, nor would it infringe on any religions or the sacrament of marriage.

Critics, including the New Mexico Conference of Catholic Bishops and the Alliance Defense Fund, argued that domestic partnerships are a stepping stone to same-sex marriage.

"The opposition to the proposed legislation is based on language that could serve as the foundation for the courts' approval of same-sex marriage," said Allen Sanchez, executive director of the group representing New Mexico's Catholic bishops.

Santa Fe resident Jill Norton agreed, saying she is concerned that domestic-partnership legislation would open the door to discrimination lawsuits that seek to legalize same-sex marriage in New Mexico.

Norton drew some gasps and chuckles from the chamber when she finished her testimony with a warning to senators who vote in favor of the bill: "Unless you relish a repeat in New Mexico of what happened recently in the election of Scott Brown in Massachusetts, I suggest you heed the wishes of New Mexicans and oppose Senate Bill 183."

Some lawmakers and supporters contend the measure stands a good chance of passing in the House, but getting it through the Senate will be the challenge — as it has been for the last couple of years.

Senators acknowledged that the issue has resulted in a flood of e-mails and letters to their offices.

"We realize this bill generates passion on both sides," said Sen. Cisco McSorley, D-Albuquerque.

Same-sex couples testified about the legal hoops they have jumped through to establish some of the rights that married couples have. They talked about being prevented by hospital officials from seeing ill loved ones and losing property and other benefits in the event of death.

Rose Griego and Kim Kiel of Santa Fe held up a 2-pound binder of legal documents they hired an attorney to draft. The documents establish some rights for the couple, but not all.

"All we are asking for is the same recognition, legal rights and freedom in the pursuit of happiness afforded to heterosexual couples in the form of a domestic partnership contract," Griego said.




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