State reluctant to accept gay marriages, unions

PARKERSBURG — West Virginia’s reluctance to recognize marriages or unions between same-sex couples creates a problem for gay citizens in committed relationships.

The Mountain State’s stance on gay marriage is a stark contrast to the recent order issued by New York Governor David Paterson telling state agencies to recognize same-sex unions performed in states and countries where they are legal.

Charlie Rouse, president of the West Virginia Foundation for Equality, said West Virginia’s Defense of Marriage Act signed into law during the administration of Gov. Cecil Underwood prohibits the state from acknowledging marriages occurring between members of the same gender. Rouse said that includes same gender marriages conducted legally in other states.

“Currently no challenges to this law are pending in state courts, although we are hoping awareness on this discrimination is brought to light,” Rouse said.

State benefits, services and programs available to straight, married couples are not available to gay couples, Rouse said. In addition, insurance and other benefits are often not available, though some companies and organizations provide domestic-partner benefits to gay, lesbian, bisexual or transgendered employees with spouses, he said.

“Private insurance companies do not have to accept unmarried spouses on the same health insurance account,” Rouse said. “The state of West Virginia, like most states and the federal government, does not provide benefits to partnered gay and lesbian individuals. They do not allow for public benefits to be shared either. For instance, if I had a spouse and they passed away, I would not be able to receive Social Security survivor benefits. Additionally, I would not be able to file a joint tax return. Gay, lesbian, bisexual and transgendered persons are only provided benefits as single individuals.”

Large companies often recognize diversity as necessary, Rouse said. This philosophy does not mesh with the state’s stance.

“Essentially, because we don’t embrace diversity in West Virginia we lose jobs,” he said.

Jimmy Pickett, PFLAG representative of the Upper Ohio Valley, said it is difficult to get government officials to fight for gay rights in West Virginia.

“In Wheeling, we have a Human Rights Commission which has asked the mayor and city council to include the gay, lesbian, bisexual and transgender community in the protected class of people, but they will not fight for this issue. I was a human rights commissioner who resigned because I did not think the other members of the commission were committed to including GLBT individuals and families in protected classes,” Pickett said.

Activist groups are still fighting, however, Pickett said.

“Groups in Charleston and perhaps in Huntington are fighting to get GLBT included in protected class,” he said. “The issues will not be addressed until there is some effective leadership which recognizes that sexism, homophobia, racism and other forms of discrimination are about power and not about sex, gender, sexual orientation or other ‘artificial’ ways of separating individuals. The business community has yet to recognize that many business enterprises and individuals will not move to West Virginia unless something is done to make this a more inclusive state.”

Leslie Bakker, PFLAG representative for West Virginia based in Charleston, said she does not believe enough is being done to correct the problems surrounding these issues.

“It seems to me little is being done. I believe provision of health care coverage for partners from the state level is a long way off,” she said.

The climate toward gay, lesbian, bisexual and transgendered individuals in West Virginia causes many people to leave the state.

“I personally know of four couples, eight high-income professionals, all in their early 30s to 40s, who have left Charleston within the past five years. All have protection from discrimination in housing and employment, and have health care benefits for partners and kids in the states they moved to. West Virginia is losing out on some real talent,” she said.