SF's Domestic Partners Law Withstands Legal Challenge
Posted: 2:01 p.m. PDT July 29, 2003
SAN FRANCISCO -- A federal appeals court Tuesday rejected the last remaining appeal
argument challenging San Francisco's pioneering domestic partners law.
The 9th U.S. Circuit Court of Appeals, in a ruling issued in San
Francisco, said the city law does not conflict with a state law that allows
for registration of domestic partners.
The argument was the only unresolved issue in a lawsuit filed by
S.D. Myers Inc., an Ohio electrical company that said the law was contrary to
its religious and moral principles.
The Equal Benefits Ordinance requires contractors doing business
with the city to give unmarried employees and their partners the same
benefits as married couples.
The measure was the first of its kind in the nation when it went
into effect in 1997.
A three-judge panel of the appeals court said the city and state
laws cover different subjects because the state law is concerned only with
registration procedures and does not address discrimination or employee
benefits.
Circuit Judge Alfred Goodwin wrote, "The measures regulate wholly
distinct subject matters and do not contradict each other."
Other aspects of the city law were previously upheld by the
appeals court in earlier rulings.
Chief Deputy City Attorney Therese Stewart said, "This is the last
nail in the coffin of the religious right's challenge to San Francisco's
ground-breaking Equal Benefits Ordinance."
Stewart said the San Francisco measure has had a "huge ripple
effect" nationally by causing large corporations and health insurance
companies to provide benefits for domestic partners. The law applies to
thousands of companies doing business with the city.
Gene Kapp, a spokesman for the Virginia-based American Center for
Law and Justice, which represented S.D. Myers, said the group had no
immediate comment on the ruling or on whether the company will appeal
further.
Benefits covered by the ordinance can include bereavement leave,
family medical leave and health and pension programs.
S.D. Myers said when it filed its lawsuit in 1997 that giving
health insurance to unmarried partners would be approving a lifestyle
contrary to its Christian principles.
Copyright 2003 by Bay City News. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.












Tahoe Days, Reno Nights
Access The Diamond Certified Directory
Bay Area Crime Reports
The 4 Keys To Women’s Health
Earthquake Reports
Celebrity Gossip
Check Out The Top 10 Home Updates


