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Escape from the red states: gay parents can wake up to find that their home state wants to break up their family. Some fight back; others simply leave for friendlier locales

Advocate, The,  July 19, 2005  by Kelly Griffith

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"It was a total freak-out of mine that I had no legal rights," Kirchgassner says. "I realized our life just sucks when you can't take time off to take care of your family when they need you."

They picked Orlando since they already had family there. When Kirchgassner took a job in Florida with Verizon Communications, a 210,000-employee telecom giant, she also got domestic-partner benefits. This time around Robertson would stay home with the kids while Kirchgassner worked.

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They were in disbelief to find out later that Robertson could have insurance as Kirchgassner's domestic partner but the children could not be covered since the insurance did not extend to children of domestic partners. Many gay parents don't think to ask such specific questions when they are interviewing for a job, or they assume domestic-partner benefits will mean the whole family can get coverage.

Kirchgassner learned from the experience and immediately began looking for a job that would offer benefits for the entire family. When Lockheed Martin, a major defense contractor with 130,000 employees, offered her a job with such benefits and she accepted, they were thrilled.

Then, three months later, devastation: Hourly employees didn't have domestic-partner benefits at all, only salaried workers. Kirchgassner's hourly status meant the family was now even worse off.

A change in company policy this year to extend the benefits to hourly employees came too late. Finally fed up, they sold their home and decided to move to Vermont in May. They believe being a family in Vermont will be vastly different than being a family in Florida.

In Vermont, Kirchgassner can be a legal mother. After registering in a civil union the couple will have the same state rights as a married couple, including automatic rights such as hospital visitation and being able to make end-of-life decisions for each other.

Such disparities among states are common. In places such as Hawaii and Maryland, laws have evolved to be gay-friendlier, but in other areas, including Oklahoma and Virginia, things have moved backward.

In 1997, Hawaii's legislature passed a statute allowing couples to register as "reciprocal beneficiaries," entitling them to about 60 rights and responsibilities given to married couples. In Massachusetts gay married couples have the same rights in state matters as straight ones.

Last year in Virginia the general assembly banned civil unions and even contracts between same-sex couples if it appeared they gave each other the legal privileges of marriage.

The political climate may sway and shimmy even if laws aren't on the books. Companies may change policies on insurance benefits without fanfare or publicity. Even staying in one place requires constant vigilance as more and more states consider discriminatory laws to restrict the rights of gay-led families. Gay couples are left to do thorough research and should leave no question unasked before making life-changing decisions. [See "10 Tips," page 46.]