PROJECT INFORM IN OTHER MEDIA ... 2008
Benefits, finances among concerns that
can complicate marriage plans
by Seth Hemmelgarn, July 10, 2008
(mention of Project Inform in bold below)
Since 1989 when a drunk driver rear-ended her, Gale Golden
has been unable to work.
Golden, 59, receives about $700 a month in Supplemental
Social Security Income benefits, and she's afraid if she
marries Jeanine Reisbig, her partner of nearly 30 years,
the government will cancel her benefits and force both
of them to live on Reisbig's income alone – about
$4,000 a month.
While Robert Pepper, Bay Area public affairs specialist
for the Social Security Administration, noted SSI is a
federal program and federal law won't recognize Golden
and Reisbig as a married couple, he did say that "if federal
law changes, there may be some concerns."
This example points to the confusion that may arise when
people of the same sex want to get married. On May 15,
the California Supreme Court ruled that same-sex couples
have the right to marry in the state. But LGBT advocates
said that in couples where at least one partner relies
on some sort of government benefit, they should get legal
advice before they marry. Some also noted straight couples
can face similar issues.
Reisbig said she and Golden are skeptical about getting
married without losing benefits, but they are seeking legal
advice.
Reisbig, 56, works several jobs, including delivering
the Bay Area Reporter. She contacted the paper
with her concerns shortly before same-sex marriages started
June 16. In a lengthy letter, Reisbig detailed the frustration
she and Golden have endured since the accident.
"The nightmare of trying to heal my partner – she
had no health insurance – while dealing with extremely
rude medical, legal, and bureaucratic authorities who required
proof in writing every time I wanted to speak with them
on her behalf was horrible," Reisbig wrote.
While Reisbig said that she is "overjoyed" at the opportunities
for lesbian and gay couples to marry in California, she
is sad that the "chance is too late for us."
Advocates advise same-sex couples that may be in similar
situations to think carefully before they wed.
"We're just cautioning people to be careful if either
partner is getting any public benefits, especially state-provided
benefits as opposed to federally provided benefits," said
Shannon Minter, legal director for the National Center
for Lesbian Rights. "The basic rule is if you are getting
a public benefit that's provided by the state of California,
where part of your eligibility is being low-income or no-income,
then you should consult a benefits expert before you marry
or register as domestic partners."
The way benefits programs work "are so complicated and
have so many different parts and pieces, it's often a very
specific question for a specific individual whether marrying
would impact them," said Cathy Sakimura, an Equal Justice
Works fellow at NCLR.
"There's no one-size-fits-all answer when it comes to
... deciding the right legal answer for each couple or
each family, because people's finances vary so much and
their legal needs vary so much," added Jennifer Pizer,
senior counsel at Lambda Legal Defense and Education Fund.
"For some people it will be important to have that legal
status because it gives rights to act on each other's behalf
and legal protections that can be particularly important
if someone is suffering with a chronic illness or otherwise
is vulnerable," Pizer said.
Pizer said the fact that federal law doesn't recognize
same-sex marriages "can be both helpful and problematic
... This is an area that's in flux." It can be helpful
for some because they may not be disqualified from benefits.
"For other people, they may be able to manage their legal
needs with a health care power of attorney or other documents,
and the safer position is to be sure they're not putting
their benefits at risk," Pizer explained.
However, she said not marrying can be problematic because
they might lose out on safe harbors available to people
in legally recognized relationships such as marriage.
As for Reisbig, she noted in her letter that after numerous
dealings with medical professionals about Golden's condition,
she was able to find an insurance policy that would cover
pre-existing conditions. "I was able to locate a good lesbian
doctor who practices at a local university medical center.
This doctor believed my partner's statements about her
medical pain issues and began a process that finally obtained
an accurate diagnosis and medical treatment for her."
Reisbig also was able to win some reimbursement from the
state crime victims' board (the drunk driver had no insurance)
after seven years of what she called "extreme efforts
on my part."
People living with HIV/AIDS
Anne Donnelly, director of health care policy for Project
Inform, a San Francisco-based HIV treatment and advocacy
agency, said the organization is mostly focusing on public
health and assistance programs where eligibility is decided
by financial need, including the Ryan White HIV/AIDS Treatment
Modernization Act and the AIDS Drug Assistance Program.
She said although these are federally-authorized programs,
they are administered at the state level, so what could
happen to a person receiving these benefits is unclear.
Suanne Buggy, a spokeswoman for the California Department
of Public Health, said the department is evaluating the
state Supreme Court's decision to determine the impact
on programs the department administers, including ADAP.
Either way, "Obviously this is just a huge time for celebration," Donnelly
said. "We don't want people to be freaked out, and yet
we want people to be making really informed decisions about
what they want to do."
If someone is relying on public benefits, "we urge them
to seek counsel, to consider the implications on their
benefits," Donnelly said.
Immigration
Binational couples can also face challenges. Amos Lim,
board member and treasurer for Out4Immigration, noted there
are couples living in exile in countries such as the Netherlands,
which allows same-sex marriage. The proposed Uniting American
Families Act aims to address that. The bill, which was
introduced in Congress last year, would eliminate discrimination
in immigration laws by permitting permanent partners of
U.S. citizens and lawful permanent residents to obtain
lawful permanent resident status the same way spouses of
citizens and lawful permanent residents do. But the bill
has yet to make it out of Congress.
Federal immigration law currently does not recognize same-sex
couples.
Lim said another issue is that when a person comes to
the United States on a short-term visa such as a tourist
visa, marrying an American could lead to the visa holder
being designated an over-stay risk, leading to that person's
entry being denied the next time they try to enter the
country. Lim, too, suggests couples seek legal advice before
getting married.
Finances
Money can be the subject of plenty of fights among couples,
and Lisa Stevens, San Francisco Bay Area regional president
for Wells Fargo, strongly recommends people discuss the
issue of finances before getting married.
Among the tips Stevens offers couples is to see a financial
counselor or banker to get a clear understanding of their
financial picture and goals.
She also recommends being aware of each other's spending
habits, outstanding loans, medical bills, and other debt.
A question couples should ask each other, Stevens said,
is "What's okay to spend without my having to ask or tell
you?"
Military
For same-sex couples where at least one partner is in
the military, the "Don't Ask, Don't Tell" ban on gays
and lesbians serving openly in the armed forces is an obvious
hindrance.
The policy "forces men and women in the military to choose
between their careers and the legal recognition the state
provides their relationships," said Victor Maldonado, spokesman
for Servicemembers Legal Defense Network.
Maldonado said that SLDN advises men and women who are
in the military looking to marry someone of the same sex
to contact the organization.
"We're not going to tell them anything they don't already
know," Maldonado said. He said the organization isn't going
to try to convince couples not to get married, they just
want to make sure people understand the law, and how they
can protect themselves.
