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.

On Sunday, the Razorback football team lost an amazing player, Garret Uekman.  Within hours people had posted pictures, quotes, and ribbons memorializing this outstanding athlete.  People from across the State of Arkansas and even from outside of the state were quickly establishing a memorial.  Monday night there was a vigil held for him that was attended by hundreds of people from the University of Arkansas campus.  It included students, staff, faculty, and administrators. While his family and close friends mourn the loss of such a young life it made me ask, “Where was the ribbon for Cassidy Vickers?”  Hardly anyone from the Community could answer that because almost all of them didn’t have a clue who she was.  Now before I go into this article it is not about sports nor is it about the loss of an athlete who sportscasters said could have made it to the NFL.  This is about a Community, our gay, lesbian, bisexual, transgender Community and the absence of our collective mourning.

On Monday night, hundreds of people gathered together for the loss Garret.  On Sunday, 21 people from around NWA gathered together at the NWA Center for Equality to mourn the loss of 23 people who were murdered this year.  These 23 innocent human beings were transgendered.  One of these victims was Marcal Tye, of Forrest City, who was shot and then dragged behind a car.  This happened March 8th of this year.  I remember the loss of this life.  I remember seeing the news stories.  What is another horrifying aspect about this past weekend?  Three days before Transgender Day of Remembrance, which was yesterday, the 20th, in Hollywood, Cassidy Vickers was shot and killed.   Not one post did I see from anyone of the Community speak out against the loss of this life.  Her memory was memorialized at the Transgender Remembrance for which we lit a candle in honor of her.  To one individual who stated to me, “Why mourn those who dress like that to piss people off?”  I was speechless.  Yet, this is somewhat close, not really though, of what I’m trying to address.

It is also the wider Community that seems to not acknowledge the atrocities that befall our brothers and sisters.  A recent example is the unbelievable act of pure hatred that lead 3 men to nearly kill Burke Burnett in Texas.  It was a miracle that he survived.  Luckily his friends jumped in to stop the gay bashing and rushed him to the hospital.  Even though he did not die, he came close.  It was not because he was being obscene.  It was not because of him mouthing off to anyone.  It was not because he wanted to fight.  It *was* because he was one of us, gay.   People read the details of the attack and might have posted it on their Facebook wall or Tweeted it but that was it.

When I got home from work Monday afternoon I was browsing the latest Community news.  I was relieved to finally see that Lawrence King‘s killer has finally been handed a sentence of 21 years in prison.  Though I was happy to see this news, I was saddened that I came across it from CNN.  Where are those people whom I know that speak of equality, that seek to be able to live their lives with the full rights as citizens of this Nation, that “talk” about how they love who they are; be it gay, lesbian, bisexual, transgender, or queer yet fall silent when darkness falls upon us?

Almost all of my “friends” on Facebook do not speak out against the hatred that is captured by the news that talks about the violence which is done to our Community.  Hardly anyone demands that we speak out against such ignorant violence that befalls us.  We are great to rejoice the amazing strides that are being done for full equality.  We fail when we ignore the tragic loss of life from our Community.

What mentality is it that allows some people to not take an interest, or better yet take a stand, when such horrendous acts of extremism are done to the Community?  Does the Community think, “That happened in that city, not ours” or “This could never happen to me” or finally, “Bad things happen and there’s no point in speaking out against it.”  Now let me tell you, these are not things that I assume people conjure up when such atrocities happen, these are quotes from people I’ve heard say.  These are individuals from the Community right here in Northwest Arkansas.

In a recent book I just finished reading,  Night, by Elie Wiesel, he talks about his experience before first being sent into the ghetto and then into concentration camps.  He talks about the rumors that people were circulating about what really happened at the concentration  death camps and how the community he lived in didn’t believe them.  They were so “out there” that no one could believe such inhumane acts could be done to an entire group of people.  It wasn’t until they saw what was happening that the “unbelievable” became a reality.  Today, there is Yad Vashem, “A place and a name,” in Israel where the memories of the lives taken will be remembered forever.

Is that what it will take for the Community to wake up and realize what is happening around us?  Is that what it will take for the Community to finally rally together and say, “No more! We will remember!”  But who knows.  All I know is that a  hundred of my friends, gay and ally, dedicated their Facebooks and Tweets to one individual but not one dedicated a picture, a quote, or a ribbon to Cassidy Vickers.

“Those who kept silent yesterday will remain silent tomorrow.” — Elie Wiesel

With Pride & Equality,

-Jason Rogers

The opinions expressed by the Contributor 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 Contributor.

Have you seen the All Out June Banner flying over Dickson Street in Fayetteville? 

Also included below is today’s press release inviting NWA to the big weekend, including the NWA Pride Parade by NWA Pride and the All Out June Festival.  Other event announcements like All Out Drag Bingo (Thursday) and the White Party (Saturday) are available in the Pride Guide or on the All Out June website.

Photo by Kevin Fitzgerald

Contact:  James K. Rector,                                                          FOR IMMEDIATE RELEASE
Event Director, All Out June
NWA Center for Equality
479.790.4235
jrector@nwaequality.org

JUNE HEATS UP WITH PRIDE WEEKEND PARADE AND FESTIVAL
Northwest Arkansas LGBTQ organizations invite the entire community to celebrate their true selves with weekend of events

Fayetteville, Ark. (June 20, 2011) – The NWA Center for Equality is proud to invite the Northwest Arkansas community to the final weekend of All Out June this Thursday through Sunday, June 23-26, 2011. This month-long celebration of pride for the lesbian, gay, bisexual, transgendered, and queer (LGBTQ) community culminates with the All Out June Festival shortly after the NWA Pride Parade on Saturday June 25 in downtown Fayetteville.

All Out June, an umbrella organizing effort of the NWA Center for Equality, has a goal to promote, educate, celebrate, and advocate the advancement to be ones true self in Northwest Arkansas. While some of the over 30 events in June were more educational or directed at specific portions of the community, as Center President Kyle Smith expresses, “pride activities, and the Festival specifically, are times for all people to celebrate the diversity of their neighbors and themselves.”

“The month of activities is truly a collaboration of a diverse community” said Smith. “The parade is the work of the grassroots group NWA Pride, individual events were hosted by businesses, and the Festival wouldn’t be possible without the City of Fayetteville. This demonstrates that Northwest Arkansas can be the kind of place that attracts and retains the sort of diversity so often cited as integral to a successful community.”

Randal Wright and Randy Northam, owners of Eventures Party Rentals, echoed this sentiment: “As small business owners we are proud to be part of a community that is speaking out about respecting everyone. The LGBT members of our community share an entrepreneurial spirit that drives much of the business in NWA, and the strong ties and friendships we have made here drive us to continue working for and supporting our community.”

The parade begins at 10:00am and spectators are encouraged to line the route down Church Ave and Dickson Street. The fun continues at the All Out June Festival at the Walton Arts Center immediately following the parade. For a complete list of sponsors, event hosts, entertainment and advertisers, or for more information about any All Out June event, visit alloutjune.com or contact James K. Rector at 479.790.4243 or jrector@nwaequality.org. 

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.

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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.

All OUT June is here and so is the 2011 Pride Guide!

When does the Festival start? Where is the White Party? Is there anything family friendly? Fun daytime events? Who puts on All OUT June? All these questions and more, answered inside the 2011 Pride Guide. Download your copy by clicking on the image or pick one up at our business sponsors.

The center fold is a must-see……where else can you find the whole calendar of All OUT June events? Be sure to take a look at Page 18 for the list of sponsors and special thanks.  How will you get your Pride on?  At All OUT Drag Bingo? At the NWA HOPE BBQ? At the NWA Pride Parade? At the All OUT June Festival (mid-day, Saturday June 25th)?  See you there.

All OUT June is a program of the NWA Center for Equality, celebrating a month of Pride in Northwest Arkansas. Through hosting, planning, coordinating or advertising events during the month of June, All OUT June works to promote, educate, celebrate, and advocate the advancement to be ones true self in Northwest Arkansas. 

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.