FOR IMMEDIATE RELEASE

July 8, 1999

SJC Rules Boston May Not Provide Domestic Partnership Benefits

(Boston, MA) The Massachusetts Supreme Judicial Court (SJC) today struck down the Executive Order issued by Boston Mayor Thomas M. Menino in August, 1998, granting health insurance benefits to registered domestic partners of city employees. The SJC’s ruling follows a challenge to the Executive Order filed in November, 1998, by a taxpayer’s group who argued that domestic partner benefits violate state insurance law. Gay & Lesbian Advocates & Defenders (GLAD) intervened in the suit to defend the Executive Order on behalf of itself and a City employee, Kay Schmidt and Schmidt’s domestic partner, Diane Pullen, and their two children, all of whom receive health insurance through the Executive Order.

GLAD Staff Attorney Jennifer Levi, who argued the case before the SJC along with attorney David Mills, of Mills & Teague, commented, “We are deeply disappointed with this decision. The Court clearly felt constrained by the language of an over forty year old law passed at a time when the prevalent view of families was very narrow. Unfortunately, that means it will be more costly for gays and lesbians to get health insurance coverage for their families. The Court recognized that its decision leaves some household members of city employees without critical health benefits and invited the legislature to address that concern. We hope it will.”

In November, 1998, Suffolk County Superior Court Judge Charles Grabau issued a preliminary decision that the Executive Order conflicted with state insurance law but reported his decision to the appellate courts for a final determination. In December, the Appeals Court stayed the effect of Judge Grabau’s decision, thereby allowing the benefits to remain in place. The Supreme Judicial Court granted review in January, 1999, and the case was set on a fast track. “We are very saddened that the domestic partner benefits will not remain in place. I work hard to provide for my family. It seems only fair that I get equal compensation for the work that I do. It is terribly unfortunate that my family will not receive the same benefits as the families of other city employees,” commented city employee Kay Schmidt.

Daniel Jackson of the Boston firm Bingham Dana LLP, assisted GLAD on the brief. A number of labor organizations also supported the position of the City and GLAD, including the Massachusetts Federation of Teachers, the Massachusetts Teachers Association, Service Employees International Union District 285, Service Employees International Union District 509 and Service Employees International Union District 925. The office of Attorney General Thomas Reilly also submitted a friend of the Court brief supporting the powers of cities and towns to implement domestic partnership health insurance.

Celebrating its 20th anniversary year, GLAD is New England’s leading legal organization conducting impact litigation and education to secure equal justice under law for gay, lesbian and bisexual people and people with HIV and AIDS.