Gay Couple is a Family

by ACLU

FOR IMMEDIATE RELEASE, July 7, 1989

NEW YORK'S HIGHEST COURT RULES GAY COUPLE IS A "FAMILY"

In a landmark ruling for lesbian and gay rights, the New York Court of Appeals ruled on July 7, 1989, that a gay man could be considered a family member of his deceased lover.

"This decision marks the most important single step forward in American law toward legal recognition of lesbian and gay relationships," commented William B. Rubenstein, Staff Counsel to the American Civil Liberties Union's (ACLU) Lesbian and Gay Rights Project, who argued the case for the gay man. "This is the first time that a state's highest court has recognized a gay couple to be the legal equivalent of a 'family.'"

The case, Braschi v. Stahl Associates, concerned the interpretation of New York City's rent control law. The plaintiff, Miguel Braschi, lived with his lover in their family home, a rent controlled apartment in New York City, for ten years. The lease to the apartment was in his lover's name. When his lover died, the landlord moved to evict Braschi from the home. However, New York City regulations permit surviving family members who lived in the apartment to remain in the apartment and take over the rent control lease if the tenant dies. Braschi argued that he was a member of his deceased lover's family and therefore entitled to the lease.

In accepting this argument, the court wrote that "family" must be interpreted realistically: "The intended protection against sudden eviction should not rest on fictitious legal distinctions or genetic history, but instead should find its foundation in the reality of family life." The court found the "reality of family life" in this case to be that the gay couple was an "equally valid" family and one that comports with "society's traditional concept of 'family'."

"The court's decision will have a tremendous impact on how 'family' is interpreted in a wide variety of legal contexts," stated Nan D. Hunter, Director of the ACLU's Lesbian and Gay Rights Project. "This case opens the door for gay couples to argue for equal access to any benefits that are granted to family members, for instance, insurance benefits, bereavement leave and other employee benefits, and hospital visitation privileges."

The New York decision outlines a number of factors for lower courts to consider in determining whether a family exists:

* the exclusivity and longevity of the relationship,

* the level of emotional and financial commitment,

* the manner in which the parties have conducted their everyday lives and held themselves out to society,

* the reliance placed upon one another for daily family services.

"Because these factors are generic in nature," Rubenstein emphasized, "the court's ruling will benefit not only gay couples, but all people who live in committed family relationships throughout society. For instance, low-income and elderly families, which may not have the financial ability to formalize their relationships because of economic barriers to divorce and adoption, will now be protected by the law."

Hunter added that, "Together with the enactment of statutes such as San Francisco's domestic partnership law, this ruling signals much greater societal understanding of the diversity of American family life." Meanwhile, the San Francisco ordinance, enacted just last month, has already encountered heated opposition. This past week, opponents of the measure were able to collect enough signatures to force a referendum on the issue onto November's ballot. "A majority of November's voters will have to approve of the ordinance before it can take effect," commented Matt Coles, Staff Counsel to the ACLU of Northern California and one of the ordinance's drafters. "We will have to mount a concerted get-out-the-vote campaign to overcome this right-wing challenge to our rights," Coles added.

In addition to the Braschi case and the San Francisco ordinance, the ACLU is at the forefront of the legal fight for equal rights for lesbian and gay couples. The Minnesota Civil Liberties Union was active in the Sharon Kowalski case from the outset. The Lesbian and Gay Rights Project represents a gay man in a precedent setting fight for equal employment benefits in Maryland and represents a gay couple in a battle over access to married student housing in New York. ACLU affiliates around the country are counsel on a number of other important cases involving equal rights for gay couples.

FOR FURTHER INFORMATION OR COPIES OF THE DECISION CONTACT:

William B. Rubenstein, Staff Counsel
Nan D. Hunter, Project Director
ACLU Lesbian and Gay Rights Project
212/944-9800, ext. 545

FOR FURTHER INFORMATION ABOUT THE SAN FRANCISCO LAW CONTACT:

Matt Coles, Staff Counsel
ACLU of Northern California
415/621-2493