Tuesday, September 29, 2009

Seniors and Referendum 71




Although opponents of Referendum 71 try to portray it as a "gay" issue, the more relevant demographics may be related to age, since opposite-sex couples over 62 may enter into a domestic partnership and initial data on the first 5000-plus couples to register show that over half are couples over 50.

The Washington Sate Senior Citizen's Lobby represents over two dozen separate agencies and has endorsed Referendum 71, as have other senior groups such as the Senior Services Area Agency on Aging. The article "Straight Seniors Rely on Domestic Partnerships," addresses many of the reasons why.

"Heterosexual seniors who are registered as domestic partners in the state are all but lost in the loud, escalating debate over Referendum 71," writes Lornett Trumbull. As covered by The Seattle Times, John Boehrer and Lynn Elmore registered as domestic partners years ago for reasons that will be familiar to many senior citizens. Both in their sixties, she would stand to lose certain benefits if she remarried, and many widowed seniors are in a similar position. Seniors can often lose pensions or health care if they remarry, and those eligible to collect retirement benefits based on a former spouse's Social Security record automatically lose them upon marrying. Once lost, those benefits can never be regained, even if the second marriage ends immediately from either death or divorce.

Other benefits which accrue to domestic partners include
  • Certain domestic violence statutes apply
  • Visitation rights when a domestic partner is hospitalized
  • Informed-consent rights when one partner is incapacitated
  • Ability to receive health information about the other partner
  • Legal right to use sick leave to care for one another
  • Normal access to community-property laws within the state
  • Certain property transfers between partners are not taxed
  • Financial security around jointly-owned property or businesses
  • Rights to unpaid wages upon death
  • Inheritance rights and executor rights if a partner dies without a will
  • Certain nursing-home visitation, cemetery, autopsy and organ-donation rights
  • Unemployment and disability insurance benefits
Although opponents of domestic-partnership laws try to make everything about sex, the law as clearly written is about basic household arrangements, clearly requiring that both parties share a common residence, unlike conventional marriage, although domestic partnerships between those who are more closely related than second cousins are not allowed.

For more information on the law, one may consult the Secretary of State's web page or Wikipedia.

One may also download a one-page flyer on domestic partnerships and Referendum 71 from Approve71.org

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