Sarasota News Leader

05/03/2013

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Sarasota News Leader May 3, 2013 risdictions in the state have established domestic partnership registries in an inclusive non-gender-based manner. … A survey of the various jurisdictions indicates significant variations in the scope of rights asserted but most ordinances include provisions regarding emergency notifications, spousal equivalent rights at health care and correctional facilities, health care and burial decisions, and preneed guardianships." He added, "Some ordinances also have provisions regarding employee benefits, educational decisions, and procurement preferences for governmental contractors that offer domestic partnership benefits to their employees. All of the ordinances contain mechanisms for establishing, amending, and terminating domestic partnership registries. The ordinances typically do not include any residency requirements for registration." Page 33 DeMarsh further noted, "Several jurisdictions recognize partnerships formed in other jurisdictions that have not been revoked as a form of reciprocity. Some ordinances limit reciprocity to jurisdictions within the State of Florida. All of the ordinances state that any rights conferred are to the extent not otherwise in conflict with state or federal law. Enforcement modalities vary by jurisdiction." He continued, "State and local laws establishing domestic partnership rights must not conflict with … statutory state constitutional provisions." DeMarsh points to the fact that, in 1997, the Florida Legislature amended the state statutes in response to the passage of the federal Defense of Marriage Act (DOMA), which prohibits same-sex marriages. Then in 2006, the Florida Constitution was amended after voters passed a DOMA-based initiative that says, "Insomuch as marriage is the legal The Sarasota County Commission meets in session in January. Photo by Norman Schimmel

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