AS A MATTER OF EQUALITY

Here is a new post coming from a Community ally, Scott Hall!

If you are in a long-term same-sex relationship that is ending, how do you split up the property or debt between you and your partner? Arkansas law specifically governs the separation and divorce of heterosexual married couples. There is an Arkansas statute stating that upon divorce, property should be distributed equally to both parties, unless the division would be inequitable.  Courts also have authority and discretion to divide debt between divorcing parties.

But what about same-sex couples that are living together? Arkansas does not recognize same-sex marriages, even if the marriage occurred out of state. In 2004, the Arkansas Constitution was amended to state that “[m]arriage consists only of the union of one man and one woman.” Due to the state of Arkansas law, same-sex couples in Arkansas must resort to complex and expensive litigation in order to determine the parties’ rights and obligations upon splitting up.

For example, there was a case in the Arkansas Supreme Court in 1980, wherein a gentleman named Benjamin sued his same-sex partner, James, for the return of real estate. Benjamin opened a bank account in his partner’s name and deposited $7,000.00 in it. Benjamin wanted James to use the money to purchase a home in James’ name, in an effort to hide the property from Benjamin’s wife, whom he was divorcing. James purchased the property, and he lived on it with Benjamin. According to Benjamin, James was supposed to transfer the home to Benjamin once his divorce was over. Benjamin and James later had a falling out, and they broke up. Benjamin moved out, and sued James in order to get the home. After what appears to be a lengthy lawsuit, the Arkansas Supreme Court sided with Benjamin. Under such circumstances, Benjamin and James could have side-stepped this problem by having a contract governing their living situation.

Due to the fact that same-sex couples cannot rely on Arkansas marriage and divorce laws, they ought to consider an alternative arrangement – a contract commonly called a Domestic Partnership Agreement. A Domestic Partnership Agreement is a legally binding agreement for couples that share a life and a home. It is similar to a prenuptial agreement, and it unfortunately shares many of the negative connotations of a “prenup.” A couple, be it a heterosexual couple or a homosexual couple, may not want to sign a contract governing ownership and use of property, as it may convey the message that the parties do not think their relationship will last. However, a Domestic Partnership Agreement addresses the parties’ expectations and obligations. It is a matter of planning for your future.

Arkansas courts have not definitively addressed Domestic Partnership Agreements, but other states have. Therefore, consulting with your choice of attorney is the first step in determining whether a Domestic Partnership Agreement is for you and your partner.

M. Scott Hall is an attorney practicing in the Fayetteville, Arkansas, office of Hall, Estill, Hardwick, Gable, Golden & Nelson PC (www.hallestill.com).  He focuses his practice in the areas of civil litigation, family law, and business transactions. He is admitted to practice before all state and federal courts in Oklahoma and Arkansas. Scott received his Juris Doctor from the University of Arkansas School of Law in 2006. He has been an advocate of LGBT rights since junior high due to his mother’s philosophy on overall equality, and is grateful to count among his best friends those that are members of the LGBT community.

Arkansas Times reports on the new statement by Benton County State Representative Donna Hutchinson from Bella Vista. Residents of House District 98 (Bella Vista, Pea Ridge) are encouraged to call or write her about her careless and offensive statement. 

Donna.Hutchinson@arkansashouse.org
479-283-2165

Here is the NWA Center for Equality’s response to Rep. Hutchinson’s statement. Below you will find her full statement. 

Contact:  Kyle Smith                                                         FOR IMMEDIATE RELEASE
President, Board of Directors
NWA Center for Equality
479.966.9014
ksmith@nwaequality.org

Center responds to anti-LGBT statement from Rep. Hutchinson
 Benton County Representative Asked To Apologize

Fayetteville, Ark. (June 24, 2011) – The NWA Center for Equality condemns the recent statement from Rep. Donna Hutchinson of Bella Vista vilifying gay, lesbian, bisexual, and transgender (LGBT) Arkansans.  In Rep. Hutchinson’s attempt to protect funding for the worthy cause of therapeutic foster homes, she attacked make-believe programs within the Arkansas Department of Human Services.  Her statements incorrectly referred to “the most wasteful of all programs — those that help gay, lesbian, bisexual, transsexual feel better about themselves.” 

DHS has clearly stated that there are no such programs in Arkansas.  Rep. Hutchinson admitted she had done no research in developing a list of programs that she would cut in order to maintain funding for therapeutic foster care homes.  Her use of LGBT Arkansans as scapegoats is not even based on any real government actions.  Rep. Hutchinson’s comments amount to an attack on the LGBT people of Arkansas by setting up an “us” versus “them” situation.  Ignoring real possible solutions, she created a fake problem to fight instead.

Her statement also suggests that LGBT Arkansans have made a decision to be in what she describes as a “sad situation.”  Beyond the offensiveness of suggesting that the lives of thousands of LGBT Arkansans are “sad”, her assertion that people choose their sexual orientation or gender identity is false and dangerous.  The scientific community and the American Psychological Association has long agreed that sexual orientation is not a choice and all efforts to change one’s sexuality have been debunked as bad science and possibly even harmful.

Rep. Hutchinson needed a group of Arkansans to vilify and the LGBT community is too easy a target for some to resist.  Her choice to pit the LGBT community against foster children is untenable. Her hypocrisy of claiming to defend the most vulnerable while her comments alienate very vulnerable LGBT youth in Arkansas is despicable.

In Gov. Beebe’s words, this is demagoguery. Her comments do not serve her LGBT constituents who need full equality under the law, nor does it help the children of Arkansas who struggle with bullying in schools.  Neither do they attempt to fix the funding issue of therapeutic foster homes. Rep. Hutchinson owes the LGBT community of Arkansas an apology and her district a better effort to solve problems like an adult rather than blaming someone else.

 The NWA Center for Equality is a grassroots support and advocacy movement to achieve equality for the lesbian, gay, bisexual, transgender, and queer community in NWA.

 # # #

Rep. Donna Hutchinson’s full statement:

There he goes again playing the “Scrooge game”. Governor Beebe just cut in half the funds for therapeutic foster care. As long as I have been in politics I should not be surprised when politicians use the most innocent and vulnerable as pawns in political games. Governors and presidents tend to use the “Scrooge game” whenever they want more funds or to complain about tax cuts. I predicted this would happen when I introduced HB1768 which declared the state couldn’t dismiss employees who have direct contact with the public if funds become tight. That’s how the game is played. Governments never cut management or politically powerful but always those dealing with the public directly so voters will feel the pain directly and demand more funds/tax increase. OR governors cut those who have little political power as foster care.

Democrats may give speeches about caring for the poor and down trodden, but Governor Beebe doesn’t mind cutting funds if it helps his cause which is “See, I told you we shouldn’t have passed so many tax cuts.” Beebe is a #1 Scrooge. Foster care children are wards of the state; they have no place to go for funds. They should be the very last program to cut—but in a Beebe administration, foster children are the first.

Without doing any research I can think of numerous programs that could have been cut in the DHS budget. These are programs which are supposed to help adults overcome negative lifestyles. Gambling, alcohol & drug use, and the most wasteful of all programs—those that help Gay, lesbian, bisexual, transsexual feel better about themselves.

Adults may go to outlets other than government to get help—foster children can not.

Adults made decisions which landed them in these sad situations—foster children did not. They are in foster care because parents made bad decisions.

If Governor Beebe doesn’t restore funds to the foster care therapeutic families, I will put a hold on the entire department and just sit there until he does. Thank God for the Fiscal Session.

Governor Beebe’s approach is shameful and an embarrassment to the entire state.

All these statements are on the record.

Donna Hutchinson
State Representative
District 98

The opinions expressed by our Contributors and those providing comments are theirs alone, and do not necessarily reflect the opinions of the NWA Center for Equality, its Members, or any employee thereof. The NWA Center for Equality is not responsible for the accuracy of any of the information supplied by the Contributors.

March 9, 2011

Media Contact
Primary- Raymond Sweet rsweet@nwaequality.org
Secondary- James K Rector jrector@nwaequality.org

NWA Center for Equality Statement regarding the murder of Marcal Camero Tye

NWA Center for Equality joins others in expressing sympathy to the family and friends of Marcal Camero Tye.  Tye’s body was found Tuesday morning near Forrest City after having been shot and dragged behind a vehicle.  This horrendous incident has come to our attention because of the hateful act itself as well as the way initial reports of the incident were handled by media.

Memphis television station WREG originally reported the story as “Man Dressed as Woman Shot and Dragged in Forrest City.”  The station’s website at www.wreg.com has since changed some of the language of the report to refer to Tye as a transgender woman. We thank WREG for their quick correction of the headline to “Transgender Woman Shot & Dragged in Arkansas” yet the report still uses incorrect gender pronouns.  The Associated Press carelessly referred to Tye as a “man in women’s clothing.” If a person’s gender identity is not clear, address them as they present or even better; ask them or their friends and family.

How the media reports on news stories concerning the lesbian, gay, bisexual, transgender and queer community matters.  Use of generalized, incorrect, and out-dated terminology is reporting with bias.  People are influenced by the tone which a story is conveyed.  We urge the media to provide accurate information allowing individuals to form their own judgments. We urge all people to not let ignorance or personal bias influence the reporting of facts.

We insist authorities investigate this crime as a possible hate crime motivated by the victim’s gender identity under the federal hate crimes statute. Arkansas is one of 5 states with no hate state level crime law.  This incident reminds us that Arkansas needs a fully inclusive hate crimes law in order to protect all Arkansans.

###

The NWA Center for Equality is a grassroots support and advocacy movement working to achieve full equality for the lesbian, gay, bisexual, and transgender (LGBT) community in Northwest Arkansas.

www.NWACenterForEquality.org

The opinions expressed by our Contributors and those providing comments are theirs alone, and do not necessarily reflect the opinions of the NWA Center for Equality, its Members, or any employee thereof. The NWA Center for Equality is not responsible for the accuracy of any of the information supplied by the Contributors.

The NWA Center for Equality remembers all the work Carolyn Wagner did to make sure the world was a safe place for all people, especially youth.  We mourn her passing, but vow to continue her mission.  Countless youth have stories to share about Carolyn.  Here is one of them.  This “It Gets Better” video came from a man who was directly impacted by the work of Carolyn.

The opinions expressed by our Contributors and those providing comments are theirs alone, and do not necessarily reflect the opinions of the NWA Center for Equality, its Members, or any employee thereof. The NWA Center for Equality is not responsible for the accuracy of any of the information supplied by the Contributors.

For Judge Piazza’s decision calling Act 1 unconstitutional (it is still up for appeal to the Arkansas Supreme Court, but it’s a start)

For Eureka Springs….because it’s awesome to have a close getaway for Diversity Weekends and because their city council passed health insurance benefits for domestic partners this month!

For the volunteers who help our mission happen.  Programs like advocacy, youth, HIV/AIDS, kickball, book club, and All OUT June rely on the hard work of dedication of our members.

For movement’s determination to overturn DADT:

For Fayetteville Mayor Lioneld Jordan, who stood up to hate and continued with his proclamations during All OUT June and NWA Pride’s parade.  ”Today we break down the stone walls of discrimination that are barriers to our ability to secure a fully- cohesive community.”

For a roof over our heads…..the Center’s “roof” at 179 N. Church Ave in Fayetteville.  It is a small space, but we are mighty Center!

For all the donors and members whose contributions support that space and the support and advocacy programs that is our mission.

For a renewed and more visible effort to protect the lives of our youth from bullying and suicide.  The It Gets Better Project videos have been viewed by millions and started a wave of speaking of people speaking out to and for our youth.  Here is Fort Worth City Councilman Joel Burns with his own story and message to our youth:

What are you thankful for today?  Share in the comments!

The opinions expressed by our Contributors and those providing comments are theirs alone, and do not necessarily reflect the opinions of the NWA Center for Equality, its Members, or any employee thereof. The NWA Center for Equality is not responsible for the accuracy of any of the information supplied by the Contributors.

Center announces All OUT June, Celebrating a Month of Pride in Northwest Arkansas

Fayetteville, AR – 8 June 2010 – The NWA Center for Equality has announced All OUT June, a month-long celebration of Pride in the lesbian, gay, bisexual, and transgender community. The goal is to promote, educate, celebrate, and advocate the advancement to be ones true self in Northwest Arkansas.

Read more…

Vote?  Again?  Why?

Elections aren’t over until the fat lady (or the Arkansas Secretary of State) sings.  Candidates for each party’s general election must win their primary with a majority of votes.  Several state and Congressional races will go to a runoff on June 8th to determine the winners that will go on to the general election in November.  Confusing?  Let the Arkansas Secretary of State tell you about it.

Republican voters will chose a candidate for the 3rd Congressional District, which encompasses Northwest Arkansas.  Democratic voters will chose a candidates for U.S. Senate, Secretary of State, and Land Commissioner.

Why should you vote?

Read more…