HomeMy WebLinkAboutLL-2003 #27Local Law Filing
NEW YORK STATE DEPARTMENT OF STATE
41 STATE STREET1 ALBANY, NY 12231
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not use
italics or underlining to indicate new matter.
Town of
SOUTHOLD
LOCAL LAW NO. 27 2003
A LOCAL LAW creating a new Chapter 39 "Domestic Partnerships" of the Code of the Town of
Southold.
BE IT ENACTED by the Town Board of the Town of Southold as follows:
SECTION 1. Legislative Intent
The Town of Southold has an interest in strengthening and supporting all caring, committed and responsible
family forms and this has led to the definition and recognition of "domestic partnership" as a relationship and
family unit. This article establishes a mechanism for the public expression and documentation of the
commitment reflected by the "domestic partnership" whose members cannot or choose not to marry. It is
appropriate and fair that certain of the societal privileges and benefits now accorded to those who are members
ora marriage be extended to those who meet the qualifications ora domestic partnership. The mechanism
established by this chapter will facilitate the definition of those entitled to such privileges.
SECTION 2. This local law creates a new Chapter 39 entitled "Domestic Partnerships" by inserting the
following underlined words.
CHAPTER 39
DOMESTIC PARTNERSHIPS
§ 39-1. Title.
This chapter shall be known and may be cited as the "Town of Southold Domestic Partnership Law."
§ 39-2. Purpose and objectives.
A. The Town's interest in strengthening and supporting all caring, committed and responsible family forms
has led to the definition and recognition of"domestic partnership" (explained below) as a relationship and
family unit.
(If additional space is needed, attach pages the same size as this sheet, and number each.)
DOS-239(Rcv.11/99)
B. This article establishes a mechanism for the public expression and documentation of the commitment
reflected by the domestic partnership whose members cannot or choose not to marry.
C. It is appropriate and fair that certain of the societal privileges and benefits defined in this new legal
relationship be available to Southold Town residents.
§ 39-3. Requirements.
A domestic partnership shall exist between two persons if the following is true:
B.
C.
D.
E.
F.
The persons are not related by blood closer than would bar marriage in the State of New York.
Neither person is married.
Both persons are 18 years of age or older.
Both persons are competent to enter into a contract.
The persons declare that they are each other's sole domestic partner.
The persons currently share a primary residence within the Town of Southold and declare that they
intend to do so for the indefinite future.
G. The persons declare that they are in a relationship of mutual support, caring and commitment and are
responsible for each other's welfare. For these purposes, "mutual support" means that they contribute mutually
to each other's maintenance and support.
H. Both persons agree to file a termination of partnership if there is a change in the status of their domestic
partnership.
I. The persons shall file a statement of domestic partnership as set forth in this chapter and pay the required
fee.
§ 39-4. Statement of domestic partnership.
A. Contents.
(1) Domestic partners may make an official record of their domestic partnership by completing, signing
and submitting to the Town Clerk a statement of domestic partnership.
(2) The statement shall be signed under penalty of perjury and shall include the date on which the
persons became each other's domestic partners and the address of both partners. This address shall be the
primary residence that the persons share within the Town of Southold. The domestic partnership statement
shall further state that the domestic partners comply with the requirements of {}39-3 of this chapter.
B. Amendment of domestic partnership statement. Partners may amend the statement at any time in order to
change an address by filing an amended statement.
C. Termination of domestic partnership. Either member of a domestic partnership may terminate the
domestic partnership by filing a termination statement with the Town Clerk. The person filing the termination
statement must declare, under penalty of perjury:
(1) The domestic partnership is terminated; and
(2) A copy of the termination statement has been mailed to the other domestic partner.
D. New statements of domestic partnership. No person who has filed a statement of domestic partnership
may file another statement of domestic partnership until six months after the termination statement of a
2
previous partnership has been filed wtth the Town Clerk.
§ 39-5. Filing of statements; fees.
Anyone who has signed a statement of domestic partnership may file it with the Town Clerk. The statement of
domestic partnership, termination statement or amendment of domestic partnership statement shall not be
deemed effective until filed with the Town Clerk according to the provisions of this article.
A. Form of statements. All statements relating to domestic partnerships shall be notarized and executed as
declaration made under penalty of perjury. The Town Clerk shall provide forms as necessary to interested
individuals.
B. Fees for statements. The Town Clerk shall charge a fee for the filing of a domestic partnership statement
and a fee-for the filing of termination statement. The payment of the above fee entitles the person filing a
statement on behalf of the domestic partnership to two copies of the statement certified by the Town Clerk.
Certification of additional copies at that time or at any other time shall be available for a cost per copy. Fees
shall be determined by the To~vn Board by resolution.
SECTION 3. Severability.
If any section or subdivision, paragraph, clause, phrase of this law shall be adjudged invalid or held
unconstitutional by any court of competent jurisdiction, any judgment made thereby shall not affect the validity
of this law as a whole or any part thereof other than the part or provision so adjudged to be invalid or
unconstitutional.
SECTION 4. Effective Date.
This local law shall take effect upon filing with the Secretary of State pursuant to the Municipal Home Rule
Law.
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No. __ 27__ of 20 03 of the
(Cz'.:n~')(C!ty)(Town) (Vi~.1:.gz) of SOUTHOLD was duly passed by the
TOWN BOARD on December 16, 20 03 , in accordance with the applicable provisions of law.
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective
Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20
of the (County)(City)(Town)(Village) of was duly passed by the
on 20 , and was (approved)(not approved)(repassed after
disapproval) by the and was deemed duly adopted on 20
in accordance with the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20__
of the (County)(City)(Town)(Village) of was duly passed by the
on 20 , and was (approved)(not approved)(repassed after
disapproval) by the on 20 . Such local law was submitted
to the people by reason ofa (mandatory)(permissive) referendum, and received the affirmative vote of a majority of
the qualified electors voting thereon at the (general)(special)(annual) election held on 20 , in
accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting
referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the
(County)(City)(Town)(Village). of was duly passed by the
on 20 , and was (approved)(not approved) (repassed after
disapproval) by the on 20 Such local law was subject to
permissive referendum and no valid petition requesting such referendum was filed as of 20 , in
accordance with the applicable provisions of law.
* Elective Chief Executive Officer means or Includes the chief executive officer of a county elected on a county- wide
basis or, If there be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of
a town where such officer is vested with the power to approve or veto local laws or ordinances.
4
5. (City local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20
of the City of having been submitted to referendum pursuant to the provisions of
section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified
electors of such city voting thereon at the (special)(general) election held on 20
became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local law No of 20
of the County of State of New York, having been submitted to the electors
at the General Election of November 20 , pursuant to subdivisions 5 and 7 of section 33 of the
Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of
said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said
general election, became operative.
(If any other authorized form of final adoption has been followed, please provide an appropriate certification.)
I further certify that I have compared the preceding local law with the original on file in this office and that the same is a
correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated
in paragraph 1 , above.
o the C~ty legislative body. City. To~,'f~ or Village ~e'rk
or officer designated by local legislative body
Elizabeth A. Neville, Town Clerk
(Seal) Date:
__December 22, 2003
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized attorney of locality.)
STATE OF NEW YORK
COUNTY OF SUFFOLK
I, the undersibmed, hereby certify that the foregoing local law contains the correct text and that all proper proceedings
have been had or taken for the enactment of the local la~v a~
// -
~g.na.tur. e , _. / /~ .( _/
'Patricia A. Finne[an~Esq., A~si~tant Town Attorney
Gregory F. Yakaboski~ Esq.~ Town Attorney
Title
Town of
SOUTHOLD
Date:
December 22, 2003
NOTICE IS HERE
GIVEN, that there has b_
~hresented to the Town Board
e Town of. Southold, Suffc
County, New York, on the 18
day of November 2003 a Lo~
cLra~atienfitled ~
n~ a new Chanter
'Domestic Partnershin~s' of ti
Code of the Town
.~ now, therefore, be
NOTICE IS HEREBY FUi
THER GIVEN that the To'~
Board of the Town of Southo
will hold a public hearing on th
aforesaid Local Law at th
Southold Town Hall, 5309
PurpOse: To engage in any law-
fol act or activity.
6X 11/27, 12/4, 12/11, 12/18,
1/1, 1/8/04 (091)
LEGAL NOTICE
NOTICE IS HEREBY GIVEN
that the resolution published.
herewith, originally adopted
Janumy 22, 2003, has been
amended on October 21, 2003,
by the Town of Riverhead,
Suffolk County, New York, and
the validity of the obligations
authorized by such resolution
may be bereaRer contested only
if such 'obligations were author-
ized for an object for which said
Main Road, Southold, Nen Town is not authorized to
York, on the~ expend money, or if the provi-
December 2003 at 5.00 I/_m ~ sions of law which shouldhave
which time all interested pel been complied with as of the
sons .wil,l be given an opportuni date of publication of this notice
ty to oe heard.
were not substantially complied
The proposed local law'enti with, and an action, suit or Pro-
tied, "A Local La~ creating ~ ceeding contesting such validity
new Chapter 39 'Domesti~ is commenced within twenty
P.,.artnerships' of the Code o f th~ days after the dat~ of publicafien
town ofS~outhold,, reads as roi of this notice, or such obliga-
lows: tions were authorized in viola-
LOCAL LAW NO. ~ 200~ tion of the provisions of the
A LOCAL LAW ,,c, reating ,
new Chapter 39 Domesti~
Parmershins" of theCrut~, n~'~'
Town of ffoutlibid. --- vt mi
BE IT ENACTED by tN
Town Board of the Town o
Southold as follows:
SECTION 1. Legislative
Intent
· The Town of Southold has ar
interest in strencrahening
sunnortin~ all carin~, commit.
Led and resnonsible famiN
forms and th£s has led to th3
definition and recoma tion Oi
"_ .---ki~rshio" aa ,
Constitution. Such resolution
was subject to a permissive ref-
erendum and the period of time
has elapsed for the submission
and filing ora petition for a per-
missive referendum and a valid
petition has not been submitted
and filed.
Dated: Riverhead~ New York
November 20, 2003
Barbara Grattan
Town Clerk
BOND RESOLUTION
DATED OCTOBER 21, 2003.
A RESOLUTION AMEND-
lNG BOND RESOLUTION
DATED JANUARY 22, 2003
WITH RESPECT TO THE
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COUNTY OF SUFFOLK
STATE OF NEW YORK ss:
Lise Marinace, being duly sworn, says
that she is the Legal Advertising
Coordinator, of the Traveler Watchman,
a public newspaper printed at Southold,
in Suffolk County; and that the notice of
which the annexed is a printed copy, has
been published in said Traveler
Watchma/a once each week
l
for ...... /.....week(sl--7successively,
com~e,~cing ?on the ....... .~..../.....day of
...,:.~...~.0..t ~.t.) ~.~....x:~... ........ ,2003.
[
Sw~o, rn to before me this.~.....day of
2003.
Notary Public
Emily Hamill
NOTARY PUBEIC, Slate of New York
No. 01 HA5059984
Qualified in Suffolk County
£ ommission expires May 06~ 2006
HEARING ON
"A LOCAL
SOUTHOLD TOWN BOARD
PUBLIC HEARFNG
December 16, 2003
5:00 P.M.
LAW CREATING A NEW
CHAPTER 39 'DOMESTIC
PARTNERSHIPS' OF THE CODE OF THE TOWN OF SOUTHOLD'.
Present:
Supervisor Joshua Y. Horton
Justice Louisa P. Evans,
Councilman William D. Moore
Councilman Craig A. Richter
Councilman John M. Romanelli
Councilman Thomas H. Wickham
Town Clerk Elizabeth A. Neville
Town Attorney Gregory F. Yakaboski
COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN, that there has been presented to the
Town Board of the Town of Southold, Suffolk County, New York, on the 18th day of November 2003
a Local Law entitled "A Local Law creating a new Chapter 39 'Domestic Partnerships' of the
Code of the Town of Southoid" now, therefore, be it
NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a
public hearing on the aforesaid Local La~v at the Southold Town Hall, 53095 Main Road, Southold,
New York, on the 16th day of December 2003 at 5:00 p.m. at which time all interested persons will
be given an opportunity to be heard.
The proposed local law entitled, "A LocaI Law creating a new Chapter 39 'Domestic Partnerships' of
the Code of the Town of Southold" reads as follows:
LOCAL LAW NO. 2003
A LOCAL LAW creating a new Chapter 39 "Domestic Partnerships" of the Code of the Town
of Southold.
BE IT ENACTED by the Town Board of the Town of Southold as follows:
SECTION 1. Legislative Intent
The Town of Southold has an interest in strengthening and supporting all caring, committed and
responsible family forms and this has led to the definition and recognition of "domestic partnership" as
a relationship and family unit. This article establishes a mechanism for the public expression and
documentation of the commitment reflected by the "domestic partnership" whose members cannot or
choose not to mm-ry. It is appropriate and fair that certain of the societal privileges and benefits now
accorded to those who are members of a marriage be extended to those who meet the qualifications of
a domestic partnership. The mechanism established by this chapter will facilitate the definition of those
entitled to such privileges.
December 16, 2003 2
Public Hearing-Chapter 39
SECTION 2. This local law creates a new Chapter 39 entitled "Domestic Partnerships" by inserting
the following underlined words.
CHAPTER 39
DOMESTIC PARTNERSHIPS
§ 39-1. Title.
This chapter shall be known and may be cited as the "Town of Southold Domestic Partnership Law."
§ 39-2. Purpose and obiectives.
A. The Town's interest in strengthening and supporting all caring, committed and responsible
family forms has led to the definition and recognition of "domestic partnership" (explained below) as a
relationship and family unit.
B. This article establishes a mechanism for the public expression and documentation of the
commitment reflected by the "domestic partnership" whose members cannot or choose not to marry.
C. It is appropriate and fair that certain of the societal privileges and benefits defined in this new
legal relationship be available to Southold Town residents.
§ 39-3. Requirements.
A domestic partnership shall exist between two persons if the following is true:
A. The persons are not related by blood closer than would bar marriage in the State of New York.
B. Neither person is married.
C. Both persons are 18 ,/ears of age or older.
D. Both persons are competent to enter into a contract.
E. The persons declare that they are each other's sole domestic partner.
F. The persons currently share a primary residence within the Town of Southold and declare that
they intend to do so for the indefinite future.
G. The persons declare that they are in a relationship of mutual support, caring and commitment
and are responsible for each other's welfare. For these purposes, "mutual support" means that the,/
contribute mutually to each other's maintenance and support.
H. Both persons agree to file a termination of partnership if there is a change in the status of their
domestic partnership.
I. The persons shall file a statement of domestic partnership as set forth in this chapter and pay the
required fee.
§ 39-4. Statement of domestic partnership.
A. Contents.
(1) Domestic partners ma,/make an official record of their domestic partnership
completing, signing and submitting to the Town Clerk a statement of domestic partnership.
(2) The statement shall be signed under penalt,/of periury and shall include the date on which
the persons became each other's domestic partners and the address of both partners. This address
shall be the primary residence that the persons share within the Town of Southold. The domestic
partnership statement shall further state that the domestic partners comply with the requirements of
§39-3 of this chapter.
B. Amendment of domestic partnership statement. Partners may amend the statement at an,/time
in order to change an address by filing an amended statement.
C. Termination of domestic partnership. Either member of a domestic partnership may terminate
the domestic partnership b,/filing a termination statement with the Town Clerk. The person filing the
termination statement must declare, under penalt,/ofperiury: (1) The domestic partnership is terminated; and
(2) A cop,/of the termination statement has been mailed to the other domestic partner.
December 16, 2003 3
Public Hearing-Chapter 39
D. New statements of domestic partnership. No person who has filed a statement of domestic
partnership may file another statement of domestic partnership until six months after the termination
statement of a previous partnership has been filed with the Town Clerk.
§ 39-5. Filing of statements~ fees.
Anyone who has signed a statement of domestic partnership may file it with the Town Clerk. The
statement of domestic partnership, termination statement or amendment of domestic partnership
statement shall not be deemed effective until filed with the Town Clerk according to the provisions of
this article.
A. Form of statements. All statements relating to domestic partnerships shall be notarized and
executed as declaration made under penalty of perjury. The Town Clerk shall provide forms as
necessary to interested individuals.
B. Fees for statements. The Town Clerk shall charge a fee for the filing of a domestic partnership
statement and a fee-for the filing of termination statement. The payment of the above fee entitles the
person filing a statement on behalf of the domestic partnership to two copies of the statement certitmd
by the Town Clerk. Certification of additional copies at that time or at any other time shall be available
for a cost per copy. Fees shall be determined by the Town Board by resolution.
SECTION 3. Severability.
If any section or subdivision, paragraph, clause, phrase of this law shall be adjudged invalid or held
unconstitutional by any court of competent jurisdiction, any judgment made thereby shall not affect the
validity of this la~v as a whole or any part thereof other than the part or provision so adjudged to be
invalid or unconstitutional.
SECTION 4. Effective Date.
This local law shall take effect upon filing with the Secretary of State pursuant to the Municipal Home
Rule Law.
There follows a rather lengthy law, which I don't think I need to read all the details off I might just
give one brief paragraph of the legislative intent, which is as follo~vs: the Town of Southold has an
interest in strengthening and supporting all caring, committed and responsible family forms and this
has led to the definition and recognition of "domestic partnership" as a relationship and family unit.
This article establishes a mechanism for the public expression and documentation of the commitment
reflected by the "domestic partnership" whose members cannot or choose not to marry. It is
appropriate and fair that certain of the societal privileges and benefits now accorded to those who are
members of a marriage be extended to those who meet the qualifications of a domestic partnership.
The mechanism established by this chapter will facilitate the definition of those entitled to such
privileges. There are a number of comments and there is also a copy of the newspaper in which it
appeared as a legal, it appeared out there on the Town Clerk's bulletin board and I have several
different comments from different people including one here, this is also rather long, a William
Toedter of Southold, which raises questions about some of the wording and the fact, the way in which
it is written and possibilities of improving the way it was written. We also have additional comment
here from Suffolk County. I guess that is really the only substantive comment in the file. I guess that
is all i have.
SUPERVISOR HORTON: Thank you, Councilman Wickham. Would anybody care to address the
Town Board on this public hearing? Mr. Blesch and Dr. Peabody.
December 16, 2003 4
Public Hearing-Chapter 39
ED BLESCH: Caroline Peabody, my colleague here and I am Ed Blesch from Orient, brought this
proposal to the Anti-Bias Task Force...
SUPERVISOR HORTON: Mr. Blesch, actually, this is for you to address the Town Board.
MR. BLESCH: We brought this proposal to the Town Board last June and we are now at a point for
voting. The impetus for it came from the fact that Southampton Town and East Hampton Town our
neighbors to the south, had recently within the last year, passed such domestic partner arrangements. It
seemed appropriate to come from the Anti-Bias Task Force since we were created in 1996, to see what
we could do about diminishing bias in this Town. As you probably know, at the extreme ends of our
town at the ferry in Orient and in Laurel, there are signs that say we are working towards a bias free
community. That is what the spirit of this is. This is not an issue of morality, this is an issue of
fairness to Americans and fairness, by the way, we consider to be an American value. We would like
to see this passed as one tiny step towards some freedom which a large number of North Fork residents
do not currently enjoy. And when I say a large number, if one takes the Southold population as
25,000; which I believe it is somewhere in that neighborhood, there is probably a good 10% of the
people that are affected by this. I would like to let Caroline say a few things as ~vell.
CAROLiNE PEABODY: Good evening. The Anti-Bias Task Force is charged with recommending to
the Town of Southold any policy or policy change that would further enhance both the equality and the
quality of life, shared by all the residents. As ~ve did recently with African-Americans, with regard to
people living in the Church Lane hamlet. So, recognizing the lack of equality between people in
Southold who can marry and people in Southold that are barred from marrying by law as well as
though people who choose not to marry, the Anti-Bias Task Force proposed the establishment of a
domestic partnership registry. And the reason that we did that was because although all Americans are
entitled to equal protection under the law, that is true unless you discover that you are gay or lesbian
and find that the person with whom you wish to build a life-long, committed, loving relationship
happens to be someone that is the same gender that you are or if you are a common law heterosexual
partner. The number of people that are affected is not small, as Ed has said, in our Town. But in fact,
the 2000 census found that the number of unmarried parmers in the United States was about 5.5
million people. Of those, 594,00 were people of the same sex. So all people are not protected equally
under the law. In fact, according to a report by the Federal General Accounting Office, more than
1,400 benefits and legal protections are afforded to people that are able to marry and denied to those
people who are unable to marry. For example, can you imagine that after being with my partner for 18
years, that should anything happen to me, she would be barred from visiting me in the hospital and any
member of my family, even a long-lost distant cousin, would be given the right to make decisions for
me if I were unable and she would be barred. Or if my partner was a national of a foreign country, she
would not be entitled as people who are married are, to preference in getting residency here. She
would not be eligible for any benefits that married folks are, Social Security, disability, income and
estate tax benefits and bereavement. If she uses health insurance that I can get through domestic
partnership at Stony Brook, she would have to pay taxes on any health care that she was afforded.
And lastly, if I should die, she would not have the right even to make decisions for me at a funeral
parlor. And she wouldn't be able to make decisions about the deposition ofmybody. Let me be clear,
the proposed legislation establishing a domestic partnership is not a panacea. What it will do, is
provide unmarried couples with an officially established criteria for proving that they are in an inter-
December 16, 2003 5
Public Hearing-Chapter 39
dependent, committed domestic partnership. It is not a panacea but it is a way for Southold Town to
step forward and do the right thing. Thank you.
SUPERVISOR HORTON: Thank you, Dr. Peabody. Yes, sir. In the green jacket.
JOHN KENNELLY: My name is John Kennelly, I live in Mattituck. Over thousands of years,
through different cultures and different religions, people have developed marriage. We have been
farming for about 8,000 years but there doesn't seem to be any clear showing when we started getting
married. Marriage developed out of a need for children to have a father and a mother, the couples need
for a promise of fidelity, young's peoples need for some guidance while they moved from childhood to
adulthood and we needed marriage for some reasonable outlet, instead of some, for our sexual desires,
instead of a disastrous outlet. Marriage developed then to benefit same sex couples no, it developed to
benefit opposite sex couples as a tool to help a man and woman live together, raise their family, that is
what marriage is. In a marriage, a man and woman give to each other, themselves completely, even
though they are different in many aspects, they fit together very nicely. It is this fitting together that
produces children, it is the presence of children that makes marriage something valuable to the State
and the Town. When people start fooling around with the usual formula of family life, they find out
that they end up having less and less children. Right at the present time, Japan, Italy and Europe are
finding out that when they fooled around with the usual formula, they found out that they had less and
less people. The population is diminishing, other people are moving in. Marriage is a natural
institution that started long before we know of any rule of law or religious beliefs. It is not something
that is just religious or just the State. It is something that comes with the equipment. This personally
exclusive union creates a benefit for the State and the State passes laws to help protect the family and
give them some benefits for the work they do. Same sex couples do not produce children. They
cannot. They may adopt other people's children, they may raise other people's children but they do
not provide a good place to raise children, all surveys show that the best place to raise a child is in a
male-female couple that are permanently attached. The threat of divorce later on does not affect the
value of the attachment while it is there. The very means by which the Town of Southold proposed to
resolve or dissolve a same sex union is a simple statement by one member of this union that 'I am out
of it' and that is it. You have been restrictive only to the extent of requiring that person to stay out of it
for six months. Then he files another statement on (inaudible). You can easily see what this might do
to the children that are living under a condition like that. When marriage is redefined to include same
sex couples and that is what this law does, the children who are not, who are still children, know that
now you do not need to live in a certain way to be recognized and officially sanctioned. Laws give
approval to conduct, laws have given approval to conduct for the last 30 years in this country. So if
you pass this, create this new Chapter, you are going to say to the children in Southold, this is a good
circumstance to be in. You do not need to marry somebody from the opposite sex, you can live like
this. We in the Town of Southold approve it. Anytime you want to get out of it, just ~vrite a piece of
paper and say, mail a copy to your partner and say you are out of it. You want to get back in, in six
months, file another piece of paper. I do not believe that same sex couples really are looking for this, it
is an incremental step in advancing their lifestyle. They want a Good Housekeeping seal of approval
for what they do. In my lifetime, I have seen the same sex people first say, they just want to be free-
leave us alone, let us live our life; we are now involved in changing our life to accommodate them.
They wish to have the benefits of marriage without marriage. They wish to recreate, not procreate.
Same sex couples are not a family form, they cannot produce children. I am opposed to the new
Chapter 39.
December 16, 2003 6
Public Hearing-Chapter 39
SUPERVISOR HORTON: Thank you, sir. Are there other comments? Mrs. Neff.
ELLEN NEFF: It is nice to have a longtime relationship with the Supervisor. I have known Josh since
before he was one. Anyway, Mr. Horton, Town Board and members of the Anti-Bias Task Force, I
support the Southold Town Domestic Partnership Registry. People come together to create families,
they tend to their union, their children, their extended families and their communities. Gay and lesbian
people do the same things. This proposal simply acknowledges that fact and I trust that you will all
support it. Thank you.
SUPERVISOR HORTON: Thank you. Are their other comments from the floor on this public
hearing? Dr. Peabody.
DR. PEABODY: I would just like to offer a correction, the AMA and the American Pediatric
Association have conducted extensive studies and have found that there is no difference in terms of the
effect on children when they grow up in same sex families or heterosexual families. Just as a
correction.
SUPERVISOR HORTON: Thank you, Doctor. Yes, sir.
ADAM GROSSMAN: Thank you, Supervisor. My name is Adam Grossman, I am actually here as
the co-chair of EGO, East End Gay Association. I know you folks might be used to seeing me as a
local attorney as well, but I just wanted to commend all of you on setting this public hearing for the
proposed Domestic Partnership Registry. On behalf of the hundreds of EGO members, including
members that reside in the Town of Southold, we enthusiastically support the Domestic Partnership
Registry legislation that has been proposed. And I also just state a few things about the comments of
the gentleman before.
SUPERVISOR HORTON: Sir, this is to address the Town Board, not rebut.
MR. GROSSMAN: Okay. That is fine. I guess what I want to say about the registry legislation is,
this is not going to be creating relationships, this is recognizing relationships that already exist in the
Town of Southold. This will allow a mechanism for same sex couples or unmarried opposite sex
couples to be able to get benefits. Whether they be health benefits, death benefits, other benefits that
might become available to them, it is more and more common place for employers in the public and
private sector to offer benefits to domestic partners and this is the Town of Southold really following a
trend that already exists. This became particularly important on September 11,2001 when many same
sex couples lost their partners in the tragedy of September 11th. There was no system of
documentation in place for many who died and they didn't have a way to be able to show the
relationships that existed, that in many instances, had existed for many, many years. This is a way for
people of the same sex and unmarried opposite sex couples to document what already exists. This is
not the creation of relationships, this is the recognition of existing relationships. I applaud all of you
for holding this public hearing and I again, thank you for taking of this issue. It is so important for all
of us in the gay and lesbian community. Thank you.
SUPERVISOR HORTON: Thank you, Mr. Grossman. Are there other comments from the floor?
Yes, sir in the back.
December 16, 2003 7
Public Hearing-Chapter 39
STEVE SWEENEY: Steve Sweeney, Mattituck. Now, I would like to say that although, myself being
a staunch Catholic and Conservative, I do not believe that gay marTiage should exist. That marriage is
a sacrament between a man and a woman. I believe that this Town, in order to be a healthy and a well-
rounded Town, needs to really meet in the middle here. That we need to recognize as a community
and as a Town Board that we are not asking, that same sex couples are not asking to get married, they
are asking for a civil union. Which is different. There is a grave difference here because marriage, as I
have stated before, is a sacrament between a man and a woman but in order to be a well-rounded
community we must accept that civil unions must be in place, that this is a fair call and that same sex
couples do deserve some rights, they do deserve the right to a civil union and I strongly speak in favor
of this motion. Thank you.
SUPERVISOR HORTON: Yes, sir.
TOM CURDAHY: Good evening, my name is Tom Curdahy, I am an attorney working on the East
End of Long Island, providing free legal service to people living with HIV and AIDS. I am also
involved with the East End Gay Organization. I would just like to clarify for the Town Board one
critical point that I think bears underscoring. This legislation sets up a mechanism for the public
recording of a private commitment. Nothing more, nothing less. It does, in its creation, it does create
a safe haven for all of these conunitted people in relationships that we are witnessing here tonight.
After 9/11, Governor Pataki, a Republican Governor, issued an Executive Order, extending survivors
benefits to domestic partners of people lost in the tragedy of 9/1 i. He recognized that by failing to
recognize committed lesbian and gay relationships, he was handing Bin Laden yet another victory. He
was permitting the telTorists to win again. That is not something that our country should not ever
repeat. Those injustices carmot be repeated. What this legislation does, it provides citizens of Southold
an opportunity to publicly record the private commitment they have with one another. It does not do
anything more than that. And yet, it makes everyone on the North Fork, safer in their homes. That is
something that good government does. Keeps people safe in their homes. I urge you to adopt this
legislation. There is nothing to suggest that the creation of domestic partnership registries on the South
fork have reduced the number of marriages in anyway. My Catholic parents celebrated their 50th
wedding armiversary this summer, my being in a committed, registered domestic partnership has not
undermined the sanctity of their relationship. It has, in fact, made me a more full citizen of my family.
My loving Catholic parents, my father who is Executive Director of Catholic Charities for the Diocese
of Rockville Center has given my relationship his blessing because he knows that it is committed, it is
loving and it is long-term. That is what you seek to do today and I trust that you will do the right thing
and keep the citizens of the North Fork safer in their homes. I thank you for listening.
SUPERVISOR HORTON: Thank you, sir. Mrs. Egan.
JOAN EGAN: I don't think I am going to make a lot of friends. My name is Joan Egan and I reside in
East Marion and I have owned my own home there since 1964. And I have seen many, many changes
on the North Fork. Most of them for the last 10 years have been a down hiller, I think that this word
'domestic partnerships' has a very broad base. I further think that if a, two sisters live together, is that
a partnership? Are they given a tax break? If two brothers live together, are they given a tax break? If
a brother and sister live together, are they given a tax break? I think some of the issues that were
brought up are valid, I further think that many of them can be taken care of legally without a
partnership registration. As far as the health is concerned, when my mother became unable to take
December 16, 2003 8
Public Hearing-Chapter 39
care of herself, I was appointed her health care facilitator. That can be done by anyone. There are
many ways that some of these issues, which are valid, can be handled other than a partnership
arrangement. I have studied these things, a very good friend of mine was Harry Foster, who was the
Dean of Law and Ethics at New York NYU. I am also a very, very good friend of Father John
Madigan, who teaches law and ethics at Malloy College and St. John's University and a very good
friend of any number of people since I have lived from Forest Hills to various other places in Queens,
Massachusetts and Texas. So I have been exposed to any number of different kinds of relationships
and different kinds of law. My heart goes out to anybody who enters into a relationship that usually
ends in futility and sadness...
SUPERVISOR HORTON: Mrs. Egan, to address the legislation that is on the table.
MS. EGAN: I think it stinks.
SUPERVISOR HORTON: Thank you. Are their other comments from the floor? Yes, ma'am.
MEGAN FORRESTAL: Hello, I am Megan Forrestal from Mattituck and I would just like to say that
if we were to ignore the percentage of homosexuals living in Southold Town would be ignorant and
also ridiculous. I feel that as a straight person, this particularly does not affect me, as I feel it does not
affect any other married couples yet it does affect the community of homosexuals. And this is
something that they want so I just think that it would be good for everyone to look and think about is
this negatively affecting your life or will it positively affect someone else's life? Should we deny
people rights because of their sexual preference? Because maybe we think it is immoral, maybe you
don't think it is right for people to be engaged with persons of the same sex but ! don't feel that we
should take away their rights because you feel it is immoral. Do we take away people's rights that
engage in other things that we look down upon? I feel that just because someone's sexual preference is
different than ours, we shouldn't be allowed to deny them these basic rights that are so important to
some people. That is all I have to say.
SUPERVISOR HORTON: Thank you. Yes, sir.
UNIDENTIFIED: I am not going to the mike.
SUPERVISOR HORTON: Well, actually sir, if you want to address the Board, you will have to go to
the mike.
JOSEPH HAIG: I am Joseph Haig, Mattituck. I have a simple question. Hopefully, you can give me
a simple and brief answer on it. We cover the subject domestic partnership but a lot of here don't
know what the ramifications and the consequences of it are. Could somebody on the Board please
explain some of the obligations, the gentleman spoke of a registration, that could just be a listing of
names. This sounds like it has more impact than simply a listing of names. Could somebody please, a
brief summary of what is involved?
SUPERVISOR HORTON: Yes, we can do that.
December 16, 2003 9
Public Hearing-Chapter 39
PAUL PETER: My name is Paul Peter, I come from Bridge Lane in Cutchogue. What are these other
non-married relationships that were mentioned in this? It really doesn't clarify anything, it is just a
broad statement, which kind of leaves it very wide open. You fellows ran a great campaign during the
election. I never heard mention of this once but I do hear now that it has been going on for six months.
If it was a really good idea and you felt that the people of the To~vn of Southold were really going to
embrace this, I would have thought that it would have been brought out during the election, thrown up
to the people so that they had an opportunity to make a decision on this. I don't think that it is
something that the Town should do according to a code change. If we really want to know how the
people of the Town feel and everybody has a right to their opinion on it, then I think that maybe it
should be done on a referendum at the next election, on the ballot. Then let's see how the people feel
about it and if they want it, they will have it. If the people don't want it, then they won't have it. But
to mn it for six months, I don't want to use the word clandestine but that is how I feel about it. Behind
closed doors, not to mention it during an election and then to pop up with it the minute the election is
over and say that ~ve are going to have a code change, I feel it is really taking advantage of the people
of the Town and I think that possibly you owe it to the people of the Town to put it on a ballot, run it at
the next election and if it passes and the people get what they want, so be it. We can all live with it but
we can happily live with it because each of us had our say.
SUPERVISOR HORTON: Thank you, sir. Councilman Wickham is prepared to answer the question
that was asked from the floor.
COUNCILMAN WICKHAM: The speaker asked for a brief summary of what the law calls for and I
will try to summarize it very briefly. There are four primary sections, apart from the legislative intent,
~vhich I read at the beginning. The first one is the purpose and the objectives, the requirements. The
statement of a domestic partnership and of course, fees, everything finally turns out to be fees and
money. Purpose and objectives: the Town's interest in strengthening and supporting all caring,
committed responsible family forms has led to the definition and recognition of domestic partnerships,
which is explained below. It is appropriate and fair that certain societal privileges and benefits defined
in this new legal relationship be available to Southold Town residents. That is the purpose and the
objective of this law. The requirements are as follows: a domestic partnership shall exist between two
persons if the following is true: A. The persons are not related by blood closer than that which would
bar marriage in the State of New York. B. Neither person is married. C. Both persons are 18 years of
age or older. D. They are both competent to enter into a contract. E. They declare that they are each
others sole domestic partner. F. The persons currently share a primary residence within the Town and
declare that they intend to do so for the indefinite future. G. They declare that they are in a
relationship of mutual support, caring and commitment and are responsible for each others welfare.
For these purposes, mutual support means that they contribute mutually to each others maintenance
and support. H. Both persons agree to file a termination of partnership if there is a change in the status
of their domestic partnership. I. The person shall file a statement of domestic partnership as set forth
in this chapter. And that is all there are in terms of the requirements. Turning now to the statement of
domestic partnership. The statement shall have the following contents: They may make an official
record of their domestic partnership by completing, signing and submitting to the Town Clerk a
statement of domestic partnership. The statement shall be signed, under penalty of perjury, shall
include the date of which they became domestic partners and the address of those partners. The
domestic partnership statement shall further state that they comply with the requirements of this
Chapter, of this section. Amendments: they may amend the statement from time to time.
December 16, 2003 10
Public Hearing-Chapter 39
Termination: Either member may terminate by filing a termination statement with the Town Clerk, the
domestic partnership is terminated. And let's see, new statements of domestic partnership: no person
who has filed a statement of domestic partnership may file another statement of domestic partnership
until six months after the termination statement of the previous one. And finally, there is a section on
fees. The form of the statement, all statements relating to domestic partnerships shall be notarized and
executed as declaration. The Town Clerk shall provide the forms and there will be fees to do this.
That is basically what this chapter calls for.
SUPERVISOR HORTON: Thank you, Councilman Wickham. Are there other comments from the
floor on this public heating? Yes, Reverend DeArmitt.
LORRAINE DEARMITT: My name is Lorraine Dearmitt, I am Pastor of Southold United Methodist
Church. Today's New York Times had an article in the metro section, I think it was, there were two
men who traveled to Canada and maybe some of you saw it. They traveled to Canada so they could
marry there. Both of them are in their mid 80's. They have been in a loving relationship for 60 years.
! have two reactions to that. First of all I say, good for them, I hope they have years of happiness
together. And secondly, ! feel terrible that it took so long for that to be possible. As a straight woman
and as a Protestant minister, it takes nothing away from me for people to have rights within a loving
relationship. That is all I have to say.
SUPERVISOR HORTON: Yes, in the back.
DEBBIE MARDEN: Good evening, I am Debbie Marden, I live in Mattituck and I have a question
that you don't have to answer. Do you think it is okay for a black person to marry a white person?
Before the 1950's it was against the law.
SUPERVISOR HORTON: Thank you.
RUTH OLIVA, CHAIRMAN OF THE ANTI-BIAS TASK FORCE: I am Ruth Oliva, I am Chairman
of the Anti-Bias Task Force. We have been very pleased to bring this piece of legislation to the Board.
We on the Anti-Bias Task Force do not see race, color, ethnicity or sexual preference. We think it is
an important piece of legislation, just to have some legal registry for these people that are in
relationships, that can have some effect as far as sickness or benefits or what have you and this is just a
very simple, civil matter and we would really appreciate and hope that you would see your way clear
to pass this piece of legislation that we think so important. Thank you.
SUPERVISOR HORTON: Thanks, Ruth. Yes, sir.
MORRIS ISAAC: My name is Morris Isaac, Mattituck. My only question is, how could anybody be
threatened by a commitment of two people in love?
LESLIE WISEMAN: Good evening, my name is Leslie Wiseman, I have been a resident of Southold,
of the North Fork for 28 years. Southold for 18 years. I am here tonight with my domestic partner of
26 years. And I think we were 27th on the registry in East Hampton. I also am here as the immediate
past President of the North Fork Women for Women fund, which is a non-profit, local organization,
that raises money to take care of the health care needs of lesbians on the North Fork. Our current
December 16, 2003 11
Public Hearing-Chapter 39
mailing list includes more than 650 women and our supporters list of gay men, more than 200. There
are many out there who will not sign that list, for a variety of reasons. Who are unable to participate in
the caring and well-being of our community. Nothing is lost when human dignity is enhanced. It is
time to put Southold firmly in its commitment on the map of social justice. I support this and I urge
you to do the same.
SUPERVISOR HORTON: Thank you. Mrs. Lingo.
ELEANOR L1NGO: I am Eleanor Lingo from Southold. I resent the remark and the comparison ora
black marrying a white person. I don't think that that should be brought up and under this issue. It is
not a black and white, say man and woman marrying, it is not two women marrying and it is not two
men marrying and I resent it.
SUPERVISOR HORTON: Thank you, Mrs. Lingo. Are there other comments from the floor? If not
we will move ahead. Yes, Mrs. Schroeder.
GWEN SCHROEDER: Gwen Schroeder, Cutchogue. I am speaking as a parent and the thought that
my kids or my grandchild were gay, that they could still be discriminated against in the 21~t century,
breaks my heart. And there are a lot of gay teenagers out there and this kind of legislation speaks to
them and gives their sexuality validation and I think it is important that we send that message to young
people. Thanks.
SUPERVISOR HORTON: Thanks, Gwen. Other comments? Yes, Mr. Strange.
HARVEY STRANGE: Harvey Strange, Greenport. This is not a lesbian or gay thing I am talking
about.
SUPERVISOR HORTON: Mr. Strange, this is actually a public hearing specific to a piece of
legislation.
MR. STRANGE: When can 1 discuss what I have to discuss?
SUPERVISOR HORTON: At the close of our public hearings, I will then again offer the floor to the
public to address the Board on other town related matters.
MR. STRANGE: When will that be?
SUPERVISOR HORTON: I can't give you an exact time. These public hearings take their o~vn
course.
MR. STRANGE: This evening?
SUPERVISOR HORTON: Yes, it will be this evening. Or early morning. Are there other comments
from the floor on this?
December 16, 2003 12
Public Hearing-Chapter 39
J. M. PIGNATO: J.M. Pignato, Orient. I have been a resident of the North Fork for the past 15 years,
and I live with my domestic partner in Orient and I would simply like to say to the Board that it is our
life style that is very similar to the lifestyle that you see every day. We take out our garbage, we mow
our lawns, we pay our taxes, we care for our elderly parents and we care for our children, those of our
own and those of our past marriages. We are the nurturers, we are your doctors, we are your lawyers,
we are your teachers, we are your children. We are here in this community as the center post of much
of what this community and this government is all about. I would like to share just a little bit of my
very Catholic good conwnon sense and wisdom. She told me when I told her that I was a lesbian, 'God
doesn't make junk'. Thank you.
SUPERVISOR HORTON: Yes, sir.
PETER BELL: Peter Bell, Cutchogue. Yesterday was my 53rd wedding anniversary and my wife and
I support this legislation. I would like to bring you back in time to the time that I worked on the
waterfront. And we had all kinds of workers, we had gays-we didn't have lesbians because women
didn't work on the waterfront at that time, although they did finally in my later years-but we had a
saying on the waterfront that we respected everybody as long as they did their work. And as long as
the people of this Town pay their taxes and behave themselves and don't cause anybody other
problems because how they feel, the expression that we had on the waterfront was that they deserve to
have a job. And these people that want this legislation deserve to have this legislation because they are
taxpayers. And the other expression we had on the waterfront is 'everybody bleeds red'.
SUPERVISOR HORTON: Are there other comments? Mr. Blesch.
MR. BLESCH: I have friends that are not able to make it here tonight because they are visiting family,
pre-holiday in Texas, and they are literally on the plane now. They wanted to get here, they haven't.
They left a letter for me, I don't know if you want it read into the minutes or if you want to give it to
me to put into the minutes but they are definitely for the legislation.
SUPERVISOR HORTON: It is your choice, whether you would like to read them or not. We will
have them entered to the public record, one way or the other.
MR. BLESCH: I could read it. This is from two men who have been together in a committed
relationship for many years and are residents of Greenport. Dear Supervisor Horton, Trustees and
members of the Anti-Bias Task Force and fellow Southold residents and guests, Please allow us to
acknowledge our support of the domestic partnership registry being proposed by the Southold Town
Anti-Bias Task Force. As longtime, full-time residents of the Town we are known to be involved and
concerned citizens. In 2000, the US Census Bureau allowed unmarried, unrelated couples to identify
themselves as a new subset of family. New to the Bureau perhaps, but a kind of partnership we have
longed built and been strengthened by. Now, not new either to our families, our friends, our ~vork
colleagues or our neighbors who have long since known us for the family that we are, the creation of
this registry in this Town will help establish a mutually supportive and committed relationship existing
between two adults and it will be a basis for treating such families with more understanding and
respect. The next time one of us is hospitalized, visiting regulations should not depend on the good
mood of the staff, as happened to us last year. And the next time one of our parents dies, as happened
this summer, the partner could be allowed some leave time to grieve with the family. We are not
December 16, 2003 13
Public Hearing-Chapter 39
seeking an approval of a lifestyle nor are we asking to be granted any special rights or privileges. The
registry will not bestow legitimatization, it will simply allow us to put on record for future reference
the existence of a caring relationship in our community. And that can only be a good thing.
SUPERVISOR HORTON: Thank you, sir. Are there other comments from the floor? (No response) I
would like to move out of the public hearing to vote on this legislation.
Southold Town Clerk