After hearing from citizens on both sides of the issue, and discussing it at length late in the afternoon, the Hillsborough County Commission voted 4-3 Jan. 24 to reject a domestic partnership registry. The proposed ordinance would have given unmarried partners – gay and straight – to enjoy a handful of benefits typically reserved for married couples.
The measure was introduced by Republican Mark Sharpe, who said the registry was not a way to redefine “traditional marriage.” The registry, he said, is a necessity in the reality of how today’s relationships work.
But despite Sharpe’s support and arguments from commissioners Kevin Beckner and Les Miller in support of the ordinance, Al Higginbotham, Ken Hagan, Sandra Murman and Victor Crist all voted against the measure. It’s a move that has galvanized the LGBT community in Hillsborough.
“Once again a majority of Hillsborough Commissioners have put prejudice and ignorance ahead of protecting families,” said Nadine Smith, executive director of Equality Florida. “They voted no on the common sense and basic fairness that has already been adopted in communities across the state.”
Smith added that the organization is already taking proactive steps to ensure there are changes in the county.
“We are working with a coalition of organizations who are calling for a town hall meeting in the coming weeks to continue to push for family recognition,” she said. “Commissioners must understand that we aren’t going away. They voted no on the common sense and basic fairness that has already been adopted in communities across the state. Their vote to prevent a domestic partner registry in Hillsborough County must not go unanswered.”
The community town hall meeting to respond to the vote is Tuesday, Feb. 5, at 6 p.m. at 1002 E. Palm Ave., in Ybor City.
The arguments for the domestic partnership are simple, according to Sharpe.
“These rights are fairly straightforward,” Sharpe told his fellow commissioners. “The term ‘partner’ may have people concerned, but the rights themselves are fairly basic.”
Those rights would include granting unmarried couples access to each other in hospitals and give them the ability to make medical decisions for one another, for example.
Sharpe said that he agreed with some of those opposed to the registry that attorneys can draft paperwork to offer protections. But added that a registry would simplify the process, lessen confusion and make it less costly.
“If that couple came to us and said I need water or sewer services, we wouldn’t say, “Hang on, are you married?” Sharpe said. “We would provide that basic service.”
A majority of residents who addressed the issue of the registry at the meeting urged commissioners to vote in favor of it. Those who opposed it cited concern over the recognition of same-sex couples and duplicity in the law.
“The unstated goal (of domestic partnership registries) is that it allows for activist judges to redefine marriage and cite these types of rules when determining that a state has an interest in propelling same-sex marriage,” argued Todd Marks, a lawyer with Westchase Law. “Sexual orientation isn’t a protected class in the constitution. We shouldn’t undermine the will of the American people.”
But marriage equality and Amendment 2, which prohibits the recognition of marriage equality in Florida, are not the issue, according to Nick Janowsky, who addressed the commission.
“People live in ways that marriage isn’t a choice or an option for everyone,” he said. “Sometimes it’s a mother who is recently divorced and living with a partners. She needs the support to make decisions for her children. This is the way people live in modern times.”
After the vote, Janowsky said he is actively looking at ways to unseat the four commissioners who voted against the ordinance, but has not yet revealed who should run against the elected officials.
To disregard simple rights to a segment of the population especially upset Zeke Fread, who lives in Hillsborough County with his partner of more than three decades.
“A spineless four personal agenda comes before protecting unmarried couples with five basic human rights in the county,” he said. “It’s disgusting. We had only four speakers against the DPR and 10 speaking in favor. Did they listen? I think not.”
The defeat of the registry is the first of its kind after a slew of other communities passed registries in their respective districts. Most recently, Pinellas County enacted a domestic partnership registry, which will take effect in approximately three months. The City of Tampa adopted its registry last year and Mayor Bob Buckhorn signed the ordinance in March. Since June, when the registry became active, nearly 400 couples have signed up for those protections.
A request for comment from the mayor regarding the county’s vote was not immediately returned to Watermark for this story. But when he signed the Tampa ordinance into law, Buckhorn talked about the importance of diversity and inclusiveness in today’s economy.
“When we’re out there looking to relocate companies, that diversity is a strength,” Buckhorn said. “They want to know that if they move their operations to Tampa, their employees – all of them – will be welcomed, celebrated and participating in a community irrespective of race, gender, ethnicity, religion or orientation. That mix makes us better and stronger.”
And a domestic partnership registry is an important tool in maintaining that strength, he said.
“It’s allowing people to be treated with the dignity they deserve irrespective of their relationship,” he said. “It’s about hospital visits, death and burial issues – it’s important that partners be allowed to participate and to make those important life decisions.”
The decision by Hillsborough County to not adopt a registry will hurt the county’s image, according to Commissioner Kevin Beckner, who had planned to introduce the ordinance in a February meeting.
“This transcends beyond political parties,” Beckner said. “It’s a simple matter of human rights. As a community over time, Hillsborough isn’t recognized as a fully inclusive community. That has inhibited us from recognizing the economic growth potential we have. Simple things like the reputation of a community can keep businesses and people from moving here.”
Interestingly, a study released by CBS’ MoneyWatch in January indicated that more people move to inclusive communities than not. The City of Orlando, for example, was No. 4 on a list of cities citing the biggest increase in out-of-state residents relocating within its boundaries in 2012. That could be directly related to Orange County and Orlando ordinances allowing for protections for unmarried partners.
The vote was a surprise to Commissioner Les Miller, a church deacon, who supported the ordinance. As the board’s only African-American member, he said that he has a unique perspective when it comes to discrimination, and he had hoped a registry would have helped right some wrongs he’s seen in the past.
“I grew up in a segregated part of Tampa,” said Miller, who is the oldest commissioner. “A lot of people depended on government subsidies, and in a lot of those instances people lived together who weren’t married. It was a financial issue, especially for the elderly.”
Miller shared stories about older couples who received benefits following the death of a late spouse who couldn’t remarry due to losing those benefits.
“Just because someone is elderly doesn’t mean they can’t fall in love again,” Miller said. “Many become ill with the person they love but can’t visit them in the hospital because there is nothing in place that allowed them to do this, even though they loved each other tremendously.”
Miller agreed that Hillsborough County has an image problem, and that the passage of the registry would have helped immensely.
“(We have to) bring Hillsborough County into the 21st Century,” Miller said. “People look at us and say, ‘What is wrong with Hillsborough County?'”
While he “deeply appreciated” the viewpoints on both sides of the issue, Higginbotham said that he couldn’t support the registry based on his personal beliefs and religious faith.
“My Christian faith teaches me to treat others as I’d want to be treated,” he said. “In my faith and for thousands of years of precedence, I can’t support the unique, special status of those outside of married relationships. I feel strongly that’s reflective of many in the community and I won’t support moving forward with this registry.”
That was despite a study presented by Beckner, who said he commissioned a poll through a public research firm. In that study, 350 Hillsborough County residents were interviewed and asked if they supported a registry giving same-sex and opposite-sex couples protections and benefits regarding healthcare, emergency contact information and funeral arrangements.
The results of that poll showed 67% of respondents supported the ordinance, while 27% opposed it. Within those results, Beckner said that 76% of Democrats supported the measure and 58% of Republicans did, proving that it was not a partisan issue.
Some of those citizens opposed to the protections included Terry Kemple, president of the Community Issues Council and a long-time anti-LGBT advocate. He was the first speaker of the morning and he wasted no time voicing his opposition to it.
“This is an undermining, if you will, of the intent and the spirit of the marriage amendment,” said Kemple, referring to the passage of Amendment 2 in 2008, which defined marriage as a union between one man and one woman.
Kemple went on to say that with proper estate planning, any couple can secure the protections they need when it comes to end-of-life issues, especially concerning making healthcare decisions and hospital visitation.
Commissioner Murman agreed with Kemple, saying that end-of-life previsions fall under “personal responsibility” and is not the business of government.
“I feel, bottom line, that this can still be done as a matter of personal responsibility by individuals,” Murman said. “You can go and get a legal document. This is about process and nothing more than that.”
She went on to suggest that the county’s elder affairs division should take a more active role in preparing unmarried, older couples for these decisions.
