Lexington Herald-Leader 
http://www.kentucky.com/mld/heraldleader/news/6008535.htm
 
Council Wants Moratorium on Benefits for Domestic Partners
11- 4 Vote Sends Message of Disapproval for Mayors Decision

HERALD-LEADER STAFF WRITER
June 4, 2003

After a feisty discussion that underscored a political power struggle and drew charges of homophobia, Lexington's city council voted to seize control of Mayor Teresa Isaac's new policy that offers health benefits to domestic partners of government workers.

In a 11-4 vote, the council took the first step in placing a moratorium until October on domestic partner benefits, which would include coverage for same-sex and opposite-sex couples. But Isaac maintained confidence of her legal authority to change the health plan without council action.

The mayor shrugged off criticism for making the changes without informing council. Yesterday's flare-up was expected, and "that's why it was important to do it administratively," she said, adding that the council is not aware of most policy changes controlled by her office.

But her opponents countered with protests that ranged from budgetary to procedural to moral. Councilman Al Mitchell said he feared that insurance costs would rise for all employees if benefits were extended to a new group.

Offering health insurance to live-in partners deteriorates family values, said Councilman Fred Brown. "I certainly disagree on a moral standpoint," he said.

The council also voted to steer the issue into a committee that was originally assigned to address overall concerns with the city's rising insurance costs. The committee should make its final recommendations late this year.

Under Isaac's plan, which she said was modeled after national examples, partners who live together must sign a statement affirming their relationship and cite three forms of interdependence, such as shared bank accounts, motor vehicles and an address. Some of the criteria "were pretty easy to obtain," said Jennifer Mossotti. "I just wonder if there might be some abuse of this."

Mossotti, among others, recoiled when Vice Mayor Mike Scanlon characterized their opposition to the health plan as homophobic. "It's not a question of dollars. It's an issue of hate, and everyone knows it," Scanlon said in an interview. "They're embarrassing the whole city."

Council member Jacques Wigginton called Scanlon's charges "presumptuous," and others quickly said the assertions were absurd.

Charlotte Wood, a member of the Bluegrass chapter of the Kentucky Fairness Alliance, said she suspected some council members resisted the plan because it could cover gay and lesbian partners. "It may be politically easier to couch the argument in fiscal terms," she said. "I really think it's an issue because of the population involved."

Still, Wood predicted that the council would eventually agree to the changes. About 159 local governments offer similar benefits, she said, such as the mid-size North Carolina cities of Durham and Chapel Hill.

The fate of yesterday's council action remains uncertain. City officials said the mayor's new policy was established early last month, and some workers hired since then may have already enrolled their partners in the plan. Human resources director Wally Skiba said if the council's moratorium holds up, he'd have to tell those employees to disenroll from the benefits.

Scanlon said the mayor acted legally, and now the council "wants to say, 'Whoa, back up, and undo the torpedoes.' That's nuts." But an attempt by council member Linda Gorton to exempt already enrolled domestic partners from the moratorium failed.

Throughout the day, Skiba emphasized that other places that adopt domestic-partner benefits do not show a spike in insurance costs. He was met with incredulous stares from council members, however, when he said he didn't know how many employees have so far enrolled their partners.

Isaac said it's now up to the council to get a legal opinion that legitimizes the moratorium. It will require two more readings over the next few weeks. Fred Brown said council might seek public input and outside legal advice, because the city's law department essentially "works for the mayor."

Isaac said she has received positive feedback from the public on her policy, which she likened to a 1999 ordinance that bans discrimination by the government on the basis of sexual orientation. "We have passed what is called the fairness ordinance, which required you to treat all employees the same, and that's what this administrative policy does."

Reach Laura Yuen at (859) 231-3309 or lyuen@herald-leader.com.

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