Are the Detroit’s Laws of Equal Protection on Our Side?
Answered by Sharon Alexander, Alexander is staff counsel for the Human Rights Campaign.Jan. 22, 2002
Fighting for more inclusive domestic partner ordinances
Q: Dear Sharon,
Detroit recently passed one domestic partnership ordinance and is considering three others. But all pertain only to non-union city employees, and I am wondering about the equal protection ramifications of these ordinances.
The ordinance that was passed offers no health or employment benefits but allows non-union city employees to register their relationship and have certain rights of access in jails and hospitals. It seems to me, however, that the rights to register and access should be granted to the city's residents at-large. Are the laws of equal protection on our side? I would like to push to have it extended to everyone.
Thanks for your time and assistance.
Malika
A: Dear Malika,
While it would certainly be feasible for you to advocate before your elected officials for broader domestic partnership recognition, an equal protection claim would probably not further your cause.
The terms of employment for unionized employees are generally dictated by a collective bargaining agreement, negotiated by the union and the employer and binding for the duration of the contract. The union might choose to try to bargain for domestic partnership benefits on behalf of the employees it represents. But employers generally do not have the right to unilaterally change the terms of an existing agreement, for better or worse.
However, acting as an employer, the city is relatively free to create its own employment policies for its non-union employees, including policies providing for the registration of domestic partnerships. Remember, the registration program at issue here is designed to give the city a means of recognizing domestic partnerships for the purposes of giving employment benefits, not for the purposes of creating a more general civil recognition of same-sex relationships. The ordinance is meant to provide the mechanism of recognition for the purposes of future benefits the city council may approve for its non-union employees, including medical, disability and death benefits.
Public employment non-discrimination measures at the state and municipal level often serve as the starting point for better legislation on LGBT civil rights issues. So the fact that Detroit has passed this registration ordinance is a good sign that wider civil recognition for domestic partners may be on the way. But, in the meantime, the political process -- rather than litigation -- probably offers the best avenue for change.
Sincerely,
Sharon Alexander
Alexander is staff counsel for the Human Rights Campaign.
Jan. 22, 2002