Kerry backs federal benefits for gay unions

By Evelyn Nieves and Jim VandeHei
The Washington Post

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Kerry, who personally opposes gay marriage, said for the first time he would bestow all federal benefits such as the right to file joint income taxes and collect survivor benefits to same-sex couples who unite legally in civil unions, domestic partnerships and even marriage under their state laws. The Massachusetts senator made the comments at a gay and lesbian fund-raiser in San Francisco's Nob Hill neighborhood.

Until Friday's event, Kerry had talked mostly in general terms of providing federal benefits and the "same basic rights" to same-sex couples.

"It's the first time in history that a presidential candidate has ever supported full and equal protection for same-sex couples," said state Rep. Mark Leno, a San Francisco Democrat and an early Kerry supporter who attended the fund-raiser and queried Kerry about his position. "He told me that he would grant all 1,049 federal rights to same-sex couples in whatever legal union their states recognize," said Leno, who has sponsored a bill that would legalize gay marriage in California.

Kerry spokeswoman Stephanie Cutter did not dispute Leno's characterization of the meeting, but said Kerry was responding to specific yes or no questions put to him. She portrayed his answer as in keeping with his general support for "providing federal benefits for state-recognized same-sex couples. ... He has not reviewed the over thousand benefits but stands by his commitment to equality."

Kerry is carefully trying to reach a middle ground in one of the most explosive political, cultural and legal debates of 2004, his advisers say. He has been inundated with complaints from gays since he told the Boston Globe last week that he supported a constitutional amendment banning gay marriage in Massachusetts as long as it contained a provision for civil unions. His home state is set to begin performing gay weddings May 17.

Some Democrats were threatening to pull back on financial support.

"There were a lot of people who were very upset at the way his position was described," said Jeff Soukup, who along with his partner has hosted fund-raisers for Kerry.

"And there were a lot of people who had been planning to attend the fund-raiser who said they would not attend until Kerry clarified his position." Kerry did, first through surrogates then in person.

Kerry might have a hard time upholding his promise. Granting federal rights to same-sex couples contradicts a major provision of the 1996 Federal Defense of Marriage Act, according to Tobias Wolff, a Stanford University School of Law professor and an expert on gay legal issues.

The provisions state that federal benefits for married people may not apply to same-sex couples, and that judgments stemming from a same-sex union are not portable from state to state.
 
While marriage and civil unions are not considered a "judgment" in legal terms, divorce, child support and probate are judgments. That means, Wolff said, that a legal mess could ensue if a partner who is dissatisfied with the litigated decision regarding, say, divorce, in one state, decided to re-litigate in another state.

New York attorney general says law forbids same-sex unions
Newsday

NEW YORK — Stepping into the gay-marriage fight for the first time since it erupted in New York a week ago, Attorney General Eliot Spitzer yesterday warned that state law does not permit same-sex unions and cautioned that ceremonies already performed in the state may be illegal.

Spitzer added, however, that state law requires such marriages to be recognized if they were legally performed in other states or countries. Far from resolving the debate, the opinion immediately fueled further dissension and defiance and quickened a likely collision with the courts.

New Paltz Mayor Jason West, who is facing criminal charges for officiating at 25 ceremonies last week, vowed to continue this weekend.

"It is a great disappointment the attorney general would take this stand," said Nyack Mayor John Shields, who said last night he would try to perform same-sex marriages today by seeking marriage licenses for several couples. "I was hoping that Eliot Spitzer would be more courageous."

Although Spitzer said "I personally support" gays and lesbians in "their desire to marry," he concluded that references to "husband," "wife," "groom" and "bride" in New York's 108-year-old Domestic Relations Law made it clear that the Legislature never intended marriage to apply to members of the same sex.

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