The 50 Spot: Gay Divorce in Texas, Hate Crimes in Montana

Texas doesn't recognize gay marriage, but it may be about to recognize gay divorce.  And who knew that adding sexual orientation, gender identity and disability to existing state hate crimes laws could be so controversial in Montana?  More below in the 50 spot.

Texas: Two years ago, two men were legally married in Massachusetts.  They moved to Texas, where their marriage isn't recognized.  But now their relationship has gone the way of Kathleen Turner and Michael Douglas, and they're asking for a Texas court to grant them a divorce.  Bizarre, huh?  As the Dallas Voice notes: "The petition sets up a legal showdown over whether Texas courts can grant divorces to same-sex couples married in other states. And it may be evidence of a growing problem nationwide for couples from out of state who’ve wed in one of three [two] states where same-sex marriage has been legalized."  If Texas refuses to grant the couple a divorce, a lawyer with the Dallas office of Lambda Legal said that the couple will face a number of headaches, since their official marriage could affect how they file income taxes and estates, to Social Security benefits.

Minnesota:  There are 515 state laws in Minnesota that are applicable to heterosexual couples, but are denied to LGBT couples.  That's according to Democratic (technically, Democratic Farmer Labor) State Sen. Yvonne Prettner Solon, who is preparing a proposal for Minnesota legislators to create a law that grants same-sex partners the power to honor dying wishes.  “Most Minnesotans from across the state expect our laws to treat people equally, yet 515 of our laws fall short," said Sen. Solon.  "Changes to current law are necessary to ensure equal and fair treatment for all Minnesota families."  Among the rights not afforded to same-sex couples are the power to sue over wrongful death, the power to control the remains of a partner after death, and the power to allow a partner the same deferred home lien enforcement.  Sure, those sound technocratic on their surface, but they make a big difference in the everyday life of committed same-sex couples.

Montana: Legislation that expands the statewide hate crimes law to protect sexual orientation, gender identity and disability has been introduced in Montana's state legislature, and it's drawing heated debate on both sides.  Sponsored by State Sen. Carol Juneau, is garnering widespread support from LGBT activists, religious leaders, and human rights advocates.  Yesterday, supporters and opponents of the law were able to testify before a legislative committee, including several people who have been victims of violence because of their sexual orientation.  The usual suspects are showing up to oppose this measure, including the Montana Family Foundation, which believes that the law caters to a "homosexual lobby."  Funny enough, we always thought that working to stop violence against people because of their sexual orientation, gender identity or physical disability was in everyone's best interest.

Arizona: The city of Mesa has begun to look at the possibility of establishing a domestic partnership registry in their community for unmarried straight and LGBT couples.  Mesa City Councillor Dennis Kavanaugh has an article out today talking about how such a registry would aid couples.  According to Kavanaugh, "The primary purpose of the registry is to ensure partner visitation rights in all health care facilities within the jurisdiction...The registration issued by the city could be used to demonstrate a domestic partnership to government agencies, employers, businesses or other third parties. As an example, many employers offer domestic partner benefits and the registry is a way to qualify for such benefits."  Phoenix and Tucson already have domestic partnership registries.  According to the 2006 Arizona census, there are 134,000 unmarried partner households in Arizona, and no doubt some of them live in Mesa.  This registry, if the City Council takes it up later in 2009, would be a first step to make sure these couples are afforded some of the same rights offered to heterosexual couples.