Kevin de León Introduces Bill Would Allow Unmarried Same-Sex Couples to Avoid Property Tax Increases Upon the Death of a Loved One

SACRAMENTO—Assembly Member Kevin de León (D-Los Angeles), Chair of the Assembly Appropriations Committee, introduced Assembly Bill 103 today, which would allow two people, including same-sex couples, who co-own a home together to avoid an unfair property tax increase upon the death of one of the co-owners. The bill is nearly identical to an EQCA-sponsored measure that passed the legislature last year but was vetoed by Governor Arnold Schwarzenegger.
Under existing law, whenever there is a change in home ownership the home is reassessed at its current market-price value, and the new owner must pay property taxes based on that value. Individuals are excluded from this law if they are the spouse, domestic partner, or relative of the deceased. However, this exclusion does not protect co-tenants who are unmarried or unrelated, making same-sex couples particularly vulnerable to losing their homes when a partner dies. AB 103 would protect unmarried couples from the unfair burden of increased taxation when one partner takes over property ownership.
“Without this legislation, surviving partners are subject to unfair property tax reassessments that could force them out of the home they have lived in for years, if not decades,” said EQCA Executive Director Geoff Kors. “This situation is especially tragic for lesbian, gay, bisexual, transgender seniors who may not have retirement plans or supportive family members to rely on in times of need. This difficult economy and the high foreclosure rate make matters even worse,” Kors said.
“This is an important step to protect unmarried individuals when they are most vulnerable, after a loved one dies,” stated Assembly Member de León. “Without this legislation surviving partners are faced with the unfair burden of increased taxes on their homes, forcing some people to have to give them up. That is an appalling situation; people who live together and are unmarried, whether by choice or because of the law, should be treated equally to married couples.”
Board of Equalization Vice Chairwoman Betty T. Yee stated, “I applaud Mr. de León and Equality California for championing this important measure. It acknowledges the true diversity of families and households in California and will keep homeowners, particularly elderly individuals, in their homes when their co-owner dies.”
To qualify for the exemption, the bill will require that co-tenants have lived together in the home for at least one year. The bill next moves to the Assembly Rules Committee and will be heard in a policy committee in early Spring.
EQCA works to achieve equality and secure legal protections for LGBT people. To improve the lives of LGBT Californians, EQCA sponsors legislation and coordinates efforts to ensure its passage, lobbies legislators and other policy makers, builds coalitions, develops community strength and empowers individuals and other organizations to engage in the political process. www.eqca.org

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Activists say there are lessons to be learned from ‘Milk’

Movies may be just entertainment. But the film “Milk” has taken on another role — that of a rallying point for gays and lesbians dismayed by California voters’ rejection in November of gay marriage.

The Focus Features release starring Sean Penn as groundbreaking homosexual politician Harvey Milk is viewed by some in the lesbian-gay-bisexual-transgender community as a textbook on gay activism, one that should be studied and emulated to prevent further setbacks.

In many locations, activists have used the opening of “Milk” as an occasion to pass out literature on upcoming city, state and national legislation.

In Rhode Island, Susan MacNeil saw “Milk” as an opportunity to demonstrate for gay rights. The executive director of the state’s marriage equality effort, MacNeil expected 20 people to show up for a rally on a recent rainy night in Providence.

“We got 500,” she marveled. “We’re feeling this groundswell of urgency to protect our civil rights. If the gay community can have its marriage rights ripped away in California, then who’s next?”

“Lots of people I’ve spoken to in recent weeks are eager not just to see the film but to bring family members, neighbors, fellow worshippers to a screening,” said Hans Johnson, president of the political consulting firm Progressive Victory and a contributing editor to the Web magazine In These Times. “The movie reinforces their sense of engagement and connection to the broader LGBT community, and it seems to give permission for further activism.” See Activists say there are lessons to be learned from ‘Milk’
Kansas City Star, MO

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Openly gay member of Congress given Obama inauguration honor

Wisconsin Rep. Tammy Baldwin, the first openly gay non-incumbent to be elected to Congress, has been honored by President-elect Obama.

Baldwin, one of three openly gay representatives who will be serving in the 111th Congress along with Massachusetts’ Barney Frank and Colorado’s Jared Polis, has been named an honorary co-chair of the Presidential Inaugural Committee.

“Vice President-elect Biden and I are grateful to these distinguished men and women for agreeing to serve as honorary co-chairs for the Inauguration,” the President-elect said in a statement Monday. “From family members to former presidents, each of these leaders has an unwavering commitment to bipartisan cooperation and a proud record of service to their community and our country. They exemplify the spirit of unity and shared purpose this Inauguration will reflect.”

See Openly gay member of Congress given Obama inauguration honor
PageOneQ.com

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Poll: Americans support gay rights

A Harris Interactive poll released Dec. 3 found that Americans support a range of policies and protections for gay people.

The Pulse of Equality survey, commissioned by the Gay & Lesbian Alliance Against Defamation, found that majorities of Americans favor either marriage or civil unions for gay couples, hate crime laws to protect gay and transgender people, letting gays in the military serve openly, and allowing gays and lesbians to adopt children.

The telephone survey questioned 2,000 adults between Nov. 13 and 17 and had a margin of error of plus or minus 2 percentage points.

Among the specific findings:

* Seventy-five percent of U.S. adults favor either marriage or domestic partnerships/civil unions for gay and lesbian couples. Only 22 percent oppose any legal recognition of gay couples.

* U.S. adults are evenly divided on whether gay couples should have access to marriage – 47 percent say yes and 49 percent say no.

* Sixty-four percent think gays in the military should not have to stay closeted, as required by the “Don’t Ask, Don’t Tell” policy.

* Sixty-three percent support expanding hate crime laws to cover gay and transgender people. At present, 31 states and the District of Columbia have such laws that cover sexual orientation and 12 of those laws also encompass gender identity.

* Fifty-one percent favor protecting gay and transgender people under existing laws that ban discrimination in employment, housing and public accommodations. Twenty states and the District of Columbia have such laws that cover sexual orientation and 13 of those laws also encompass gender identity.

* Sixty-nine percent oppose bans on gay adoption.

“We observed a positive relationship between knowing a gay or transgender person and one’s attitudes toward them and the policy issues that affect their lives,” said Laura Light, Harris Interactive’s vice president of public relations research.

“Based on other surveys we have conducted on attitudes toward LGBT people and issues, the results of this survey suggest that public sentiment in the U.S. is trending toward greater acceptance of gay- and transgender-related policy issues.”

The survey found that people under 65, and especially those 18-34, are more gay-friendly than people over 65. Women are generally more supportive than men. Latinos are more supportive than whites and blacks when it comes to gays in the military. Blacks are more supportive than whites and Latinos on hate-crime laws. And Catholics and “mainline” Christians (Protestant, Mormon or “other Christian”) are more supportive than “born-again” Protestants, Mormons or other Christians.

Nineteen percent of those questioned said their feelings toward gay people have become more favorable over the past five years. They attributed the change to such things as knowing someone who is gay, seeing gay people on TV and in movies, passage of gay-friendly laws, news coverage of gay issues, and learning of the gay-friendly positions of friends, family members and religious leaders.

“Knowing someone who is gay or lesbian” was the most significant factor, cited by 79 percent of those whose feelings had evolved.

See Poll: Americans support gay rights
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Same-sex couples denied EU right to freedom of movement

Gay and lesbian couples who have legal same-sex marriages or unions are being denied their rights to move and reside freely within the EU.

Yesterday the European Commission adopted a report on the application of Directive 2004/38 on the right of EU citizens and their family members to move and reside freely within the territory of the Member States.

The Directive lays down simple administrative formalities and gives to EU citizens and their families a right of permanent residence after five years of residence in the host Member State.

The Directive also extends family reunification rights to registered partners under certain conditions.

Commission Vice-President Jacques Barrot, Commissioner for Justice, Freedom and Security, said:

“Free movement of persons constitutes one of the fundamental freedoms of the internal market, to the benefit of EU citizens, of the Member States and of the competitiveness of European economy.

See Same-sex couples denied EU right to freedom of movement