U. Senate OK’s same-sex domestic partner benefits

While advocates of same-sex marriage are still unsure of this legislation's future in the state, the University Senate voted yesterday to extend the professional benefits married couples enjoy to same-sex domestic partners at this university — and the legislation now lies in the hands of the Board of Regents.

Although many senators argued only extending benefits to same-sex domestic couples — and not opposite-sex domestic partners — was discriminatory, the senate ultimately voted to approve the policy 56-15 with two abstentions. The body approved the legislation on the condition that a new policy including all forms of domestic partnerships eventually be drafted and voted upon.

Since the university does not have the ability to pass the legislation on its own, the regents — a 17-member gubernatorial body that oversees the University System of Maryland — must review the policy. If it decides to implement the measure, the change would likely be a system-wide change and affect all other in-state public universities and colleges, senate Chair Eric Kasischke said.

"This is not something that this university can unilaterally do; it requires a system-wide policy," Kasischke said after the meeting. "But the point here was to make it clear to the Board of Regents that we feel this is important."

In September 2010, the regents approved extending professional benefits — including taking time off for the death of a spouse or taking family, sick or medical leave to care for a spouse — to same-sex married couples. Although the state doesn't perform same-sex marriages, it does recognize the legality of such unions performed in states that do have same-sex marriage legislation.

If this new system-wide policy is passed, same-sex couples that aren't married will be rewarded bereavement leave and sick leave benefits. Same-sex marriage legislation nearly passed in the last General Assembly session, but ultimately failed after it was sent back to committee in the House of Delegates. Same-sex marriage proponents are optimistic the General Assembly will pass the law once and for all this coming session, which begins Jan. 11, since Gov. Martin O'Malley has endorsed the bill.

Regardless of whether it passes in the future, some faculty senators said the university should not pass such a policy because it is not in compliance with current state law.

"I would like to directly point to the details that we really haven't shown that this is in alignment with state law, so given that, I am opposed to this," faculty senator Ronald Myers said. "If the state does not recognize same-sex marriage, then I think that's what we're proposing within this document — we're proposing this university propose those rights to same-sex couples."

Others, however, argued the university should serve as a model for other institutions and the state.

"I think as an educational body, it is our responsibility to lead morally, and that's one of the reasons I am in full support, and have been for a long time, for something like this," said faculty senator and Chair-elect Martha Nell Smith, who has been with her domestic partner for nearly 28 years. "We need to lead morally. We are teachers, and we need to teach why this is so very important."

Although many senators grappled with whether to pass the policy without stipulating opposite-sex domestic partners enjoy the same benefits, some said the current legislation is a good first step.

"What we are actually doing is asking the Board of Regents to recognize this need," said Provost Ann Wylie. "What we're doing here is making a political statement; we're saying this is what our university wants, so please act."

Faculty Senator Vincent Novara, who presented the bill, said because it is still unclear whether legislators will pass same-sex marriage, it was important for the university to ensure those who cannot legally marry have access to the same opportunities as married couples.

"There is no guarantee the General Assembly will approve same-sex marriage," Novara said. "It stalled last time, so we are trying to put something in place in terms of fairness and equity at the university."

abutaleb@umdbk.com