Domestic Partnership Passes Unanimously
The St. Petersburg City Council voted to approve a domestic partnership registry.
Couples in and outside the city of St. Petersburg will now be able to register as domestic partners, after the City Council voted 8-0 today to create a domestic partnership registry.
The registry gives committed couples, gay or straight, most of the same rights as heterosexual married couples in Florida. The City Council also approved last-minute changes to the ordinance that let:
- Couples that are not residents register;
- Married couples who wed in another state to register as domestic partners in St. Petersburg, if the state of Florida does not recognize their marriage.
Council member Steve Kornell said the latter change was important to gay couples, since the state of Florida will not recognize their marriages.
"I don’t think these are major changes, but I think they are important changes," Kornell said.
Nadine Smith, who was representing Equality Florida, said that passing the ordinance sends the right message to the state of Florida. Smith discussed her own challenges as a lesbian who married in Vermont but resides in Florida.
"I think the need for this is clear today," Smith said. "I’m legally married in the state of Vermont, but when we cross back into our home state we are legally strangers to one another."
There were some initial concerns from a few members of the Council about the last-minute additions, not because of their content but because the process was changed.
After a 10-minute recess the Council reviewed the additions, which were added to the original ordinance to create the registry.
"I completely understand the process and concerns, I just find the ironic shame of this, our Constitution said all people are created equal," Council member Charlie Gerdes said. "You're (either) equal or you’re not equal. It's a shame we have to pass an ordinance (to) say what equal is."
Assistant City Attorney Jeannine Williams said the ordinance grant six rights:
- Health-care visitations.
- Health-care decision should a partner become incapacitated.
- Funeral/Burial decisions.
- Become part of required notifications in emergency situations
- Declared “pre-need” guardian.
- Education rights and decisions of partner’s dependent, as long as no objection from the biological parent.
Couples wishing to register will be directed to the City Clerk's Office. The hours, the fees and days the registry will operate have not been determined yet. The law goes into effect June 15. From there, the clerk will then have 90 days to create a registry.
The ordinance received near unanimous support from those who spoke at Thursday's open forum.
"Local policy really does have a direct impact on everybody’s lives," said Darden Rice, speaking in favor of the registry creation. "What it means, is to feel wholly welcome in our community, not as a second-class citizen."
Other new amendments to the ordinance include:
- All Rights, privileges and benefits extended to registered domestic partnerships will also be extended to domestic partnerships registered in other jurisdictions. If any conflict occurs between jurisdictions, the city code provisions will govern in the city.
- Upon termination of a registered domestic partnership, a certificate of termination will be issued to each partner.
- Align the exercise of rights of a domestic partner to participate in the education of a dependent of the domestic partnership with policies and procedures of the Pinellas County School District. Florida Statutes, the city said, define the term "parent" broadly and often applies to adults who are not the biological parent.
- Nothing in the ordinance shall be construed as creating any third-party rights or actions or construed as imposing any liability upon a domestic partner for any expenses of his or her domestic partner.
Several residents from Gulfport, which was the first city in Pinellas County to create a registry, came to voice their support.
Gulfport City Councilor Barbara Banno said that creating the ordinance will help give Gulfport residents who come to St. Pete for medical care more rights.
"Where the city of Gulfport is a neighboring city, by you adding this section, specifically hospitalization, is critical for residents of the city of Gulfport," said Banno in regards to St. Pete allowing other city's registries to be recognized within city limits.
Editor's note: To view the ordinance click on the PDF below the picture of City Hall. The amendments added today regarding citizenship requirements and married couples additions are not in the PDF.
William Mansell
2:27 pm on Thursday, June 7, 2012
City Council supported this unanimously. Do you?
Tim Martin
4:20 pm on Thursday, June 7, 2012
Absolutely!
Diana Kane
4:36 pm on Thursday, June 7, 2012
Absolutely! I've been with my partner for 23 years. It's about time that we be able to be protected under the law.
Thank you St Pete! I love this 'burg!
S. Schwarz
7:01 pm on Thursday, June 7, 2012
Yes, absolutely. Neither my significant other nor I have any desire to get married, so this will allow us to take legal responsibility for each other.
Jack Sprat
1:08 am on Friday, June 8, 2012
.......the ordinance grant six rights:
1.Health-care visitations.
2.Health-care decision should a partner become incapacitated.
3.Funeral/Burial decisions.
4.Become part of required notifications in emergency situations
5.Declared “pre-need” guardian.
6.Education rights and decisions of partner’s dependent, as long as no objection from the biological parent.
Can anyone tell us which of these "rights" were not available to any unmarried couple who wanted any (or all) of these "rights" prior to the city council passing this ordnance?
Michael F Brennan
7:06 pm on Friday, June 8, 2012
The surrogates form and the Living Will form does not ask anything about blood or legal relatives, while it gives absolute access to friends in hospitals, etc. The Pinellas County School District's policy and Florida State law are and cannot be overruled. The insult that non-residents can now be part of this Registry is preposterous. Over 62% of the Florida electorate have been trashed with the intentions of the Mayor and the City Council. Voter guides will remind the voter about this entire City Council.
Jack Sprat
8:53 pm on Friday, June 8, 2012
Please be more specific. What rights are actually gained (or perhaps enhanced?) by the passage of this ordnance? Does anyone actually benefit? Or is it just so politicians can finally say to some (but perhaps not ohers) that they may now "...feel wholly welcome in our community, not as a second-class citizen."
"Nothing in the ordinance shall be construed as creating any third-party rights or actions or construed as imposing any liability upon a domestic partner for any expenses of his or her domestic partner." So two people can live together (or not, I suppose) and register as domestic partners and have no legal responsibilities to each other?
"....most of the same rights as heterosexual married couples in Florida." implies rights are granted but responsibilities are not defined. I seem to remember reading that the state of FL does not recognize "common law" marriage. Does this change anything?
What about Nadine Smith and her lesbian partner who are married in Vermont? Does this mean if they split up in Vermont, they will have legally definable responsibilities which will be non-existent if they part ways in St. Petersburg?
It also refers to letting "Couples who are not residents register;".
Does this mean that one or both of the parties registering may be an illegal alien?
lee
12:23 am on Friday, June 29, 2012
I would like to know some more on this I am legally married in the state of massachusets my wife and i are currently seperated she is now living with another female and they claimed they signed this domestic partnership i see it states if they are married in a state in which florida does not recognize that would mean the married couple correctme if I am wrong but if we ares till married is it legal fr them to sign up as domestic partners ? we are not divorced and I am on her lving will as her wife and we will not be getting a divorce as the law in massachusets states both of one of us has to reside in the state of massacusetts who a year and prove it to be able to get divorced as many couples come from other states just to be married in a state where it is legal they put this law into affect in alot of states which do recognize same sex marriages so they make it easy to get married but hard to get divorced I just want to knwo if this domestic partnership is legal for my (x) wife and new partner as i am legally her wife please help me with this if you can