ROUNDUP: Gay Marriage and Domestic Partnership Bills

In honor of equality day (and Valentine's Day) at the NM Legislature, here's a rundown of so-called "defense of marriage" and domestic partnership bills.

HB445: MARRIAGE DEFINED
Sponsor: Gloria C. Vaughn
Track this bill.

According to Equality New Mexico this is an incredibly bad bill: HB 445 is an Omnibus Discrimination Act

The "Defense of Marriage" bill introduced on January 25, HB 445, is a "Super DOMA" that denies gay and lesbian families benefits, protections, and rights in almost every area of life. Click here to read this bill.

The core of the bill is the proposal that "a marriage between persons of the same sex, or any right or claim arising from their relationship, shall not be valid, binding, or enforceable in New Mexico. This "Super DOMA" does not "protect" marriage: it blatantly discriminating against gay and lesbian families and individuals.

If passed, provisions of the bill would:

Impose a fine on clergy for performing same-sex marriages with valid marriage licenses from states and nations (which violates separation of church and state).

Fine clergy for performing same-sex unions as "a right and claim arising from their relationship" (which violates free exercise of religious practice).

Fine gay and lesbian couples for marrying in other states and nations.

Render illegal entire bodies of sovereign law of other states and nations (e.g. Massachusetts, Vermont, California, Canada, Netherlands, Belgium, Sweden, France, Britain, Germany, Spain).

Make all domestic partnership benefits illegal, even if they are offered by large or small private corporations that use domestic partner benefits to attract skilled workers.

Make unlawful "any right or claim arising from their relationship" (e.g. all legal agreements drawn up by gay and lesbian couples to protect each other and their families; currently in NM these are the only protections available to gay and lesbian families' wills, documents of ownership, and other contracts and agreements).

Define civil contracts as the exclusive domain of heterosexual, married New Mexicans, thereby excluding all gay and lesbian couples from benefits and protections inside or outside marriage.

HB 445 is misleading: before similar "super DOMAs" passed into law in Ohio, Virginia, and Michigan, bill sponsors stated the bill would not be used to interfere with private contracts. Within days of passage, however, bill sponsors began dismantling domestic partnership benefits and other legal contracts. Please contact your state senator or representative to let them know DOMA DISCRIMINATES.

HB 445 will be heard in the House Consumer & Public Affairs Committee and the House Judiciary Committee.
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SB576: DOMESTIC PARTNER RIGHTS & RESPONSIBILITY ACT
Sponsor: Cisco McSorley
Track this bill.

A terrific bill, SB 576 is a comprehensive, statewide, domestic partnership, benefits bill for unmarried couples, regardless of sexual orientation. This bill will offer many of the rights, benefits, and protections that legally recognized families enjoy today. Click here to read this bill.

SB 576 will be heard in three committees: Senate Public Affairs, Senate Judiciary, and Senate Finance.
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SB597: RELATING TO MARRIAGE; PROVIDING FOR CONTEMPLATION OF MARRIAGE AS A CIVIL CONTRACT BETWEEN A MAN AND A WOMAN.
Sponsor: William E. Sharer
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SB 597 is regarded as a “Simple DOMA” and it states, “Marriage is contemplated by the law as a civil contract between a man and a woman for which the content of the contracting parties, capable in law of contracting, is essential.” The Senate has only 42 senators and this bill has 29 co-sponsors of which 11 are democrats. Click here to read this bill.

SB 597 will be heard in two committees: Senate Public Affairs and Senate Judiciary.
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HB86: RELATING TO INSURANCE; DEFINING DOMESTIC PARTNER BENEFITS; AMENDING AND ENACTING SECTIONS OF THE NMSA 1978.
Sponsor: Mimi Stewart
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HB 86 requires that insurance companies offer domestic partner benefits to any New Mexican employer who requests the benefits. Currently, most large employers usually do not have trouble with domestic partner benefits but smaller employers with fewer employees often are told that the insurance company does not provide that benefit. A similar bill passed the House 2 years ago but died in the Senate due to lack of time. Click here to read this bill.

HB 86 passed the Consumer and Public Affairs Committee and is currently in the House Business & Industry Committee.
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SB340: RELATING TO RETIREMENT; AMENDING THE RETIREE HEALTH CARE ACT
Sponsor: John T.L. Grubesic
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SB340 proposes amending the Retiree Health Care Act and was introduced for New Mexico State employees who have retired. In 2003, Governor Bill Richardson signed an executive order creating domestic partnerships for New Mexico State employees, regardless of sexual orientation. The New Mexico State insurance companies are denying benefits to partners of retired state employees. This bill will clarify that domestic partnership benefits apply to retirement. Click here read this bill.

SB 340 will be heard in the Senate Public Affairs Committee and the Senate Judiciary Committee.
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Equality New Mexico provides an to contact your legislator regarding Defense of Marriage Act bills. Thanks to EQNM for the descriptions of these bills.