The Somerville City Council passed an ordinance at its latest regular meeting allowing for official recognition of domestic partnerships, including those involving more than two people.

By Jim Clark

At the latest regular meeting of the Somerville City Council on June 25, an ordinance to formally recognize domestic partnerships, including those involving more than two people, was put forward and approved unanimously by the Council.

The domestic relationship issue was initially brought to the attention of the City Council when President and Ward 1 Councilor Matthew McLaughlin learned from a constituent earlier this year that the city did not acknowledge such partnerships.

It was noted that this problem is Coronavirus-related because it can prevent an individual from being added to their partner’s health insurance. He further noted that both Cambridge and Boston recognize domestic partnerships.

Ward 7 Councilor Katjana Ballantyne asked about the legality of domestic partnerships at the Council’s April 7 meeting, and City Clerk John Long responded that the public should consult an attorney to learn more, and that domestic partnerships are not recognized by the State or Federal Government but are recognized by some private companies for health insurance.

Ward 2 Councilor J.T. Scott said that without the recognition of a domestic partnership, many legal processes can be difficult, such as estate planning and health coverage.

Working with the Council’s Legislative Matters Committee, Assistant City Solicitor Hannah Pappenheim presented a number of findings and recommendations over the course of several Committee meetings.

Among them, Pappenheim told the members that this is something that can be accomplished and she asked whether the Committee is looking for a symbolic separation or something from city clerk’s office, e.g., a certificate acknowledging the partnership.

Councilor McLaughlin explained how this arose and said he was looking for something that recognizes domestic partnerships, therefore allowing people to secure benefits, etc.

The cities of Boston and Cambridge already have this, but Somerville does not recognize domestic partnerships.

In early June, Pappenheim presented a draft version of the proposed ordinance, which recognizes domestic partnerships and allows couples to obtain a certificate from the City Clerk recognizing their partnerships.

For the city’s purposes, the domestic partnerships are treated the same as marriages, with respect to fees, etc., and grants the same rights and privileges as those afforded to married individuals.

The draft was based on ordinances from Cambridge and Boston, but was much simpler and narrower in scope.

Pappenheim asked for placement suggestions from the committee, since Cambridge placed their ordinance under personnel and another community placed it under the Health Department.

There were questions regarding the requirement to amend the partnership registration if there is a change of household address and Pappenheim explained that it is because the couple “resides together.”

The ordinance was subsequently drafted and approved by the Legislative Matters Committee and submitted under a new item number to the City Council for action.

As the matter was discussed at the June 25 Council meeting, the issue of polyamorous relationships was suggested for consideration as an amendment to the drafted ordinance.

Chair Davis expressed reservations about approving the ordinance as it was submitted, saying, “I don’t think it’s the place of government to be telling people what is or is not a family. And defining families is something that historically is something that we’ve gotten quite wrong as a society, and we ought not to undertake to do so.”

Davis went on to point out that the language in the ordinance specifically defining domestic partnerships as consisting of two persons. He subsequently made a motion to make several amendments to the proposed ordinance, all effectively relating to taking out the “two person” part, leaving it unstated as to the number of people involved in the domestic relationship.

“The next question is if 20 people want to come and claim that they’re domestic partners, I guess my answer would be ‘what if they did?'” Davis said.

The proposed changes to the ordinance were made, removing all references to two people constituting an officially recognized domestic partnership, and the full Council approved the item unanimously.

The ordinance is the first of its kind enacted nationwide and garnered a lot of media attention throughout the U.S.

The ordinance can be downloaded at http://somervillecityma.iqm2.com/Citizens/Detail_LegiFile.aspx?ID=23232.