Divorce News & Articles
California Man to Finally Get Labor Union Benefits of His Late Same-Sex Partner
(Total Divorce) August 28, 2007 - After being mired in an exhausting legal battle for the last two years, a California man will finally receive the pension benefits endowed to him by his same-sex partner of more than 50 years.
On a larger scale, Marvin Burrow's financial gain and much-deserved sense of relief is not only significant for himself but also thousands of other members of his partner's labor union who will not have to deal with the predicament that he did.
Burrows and William Swenor were together for 51 years. The couple registered as domestic partners and were married in San Francisco in February 2004. The California Supreme Court later invalidated their marriage.
Prior to Swenor's death at the age of 66 in March 2005, he promised to leave his pension benefits to Burrows. Swenor was a member of the Industrial Employers and Distributors Association for 35 years and made regular payments into his pension fund.
Following Swenor's death, Burrows filed a claim to receive the benefits. Turned down twice, Burrows was forced into poverty. He even had to leave his home for lack of finances. Looking to help Burrows get what he deserved, the National Center for Lesbian Rights took his case.
Upon hearing of Burrow's own difficulties following the death of his partner, the International Longshore and Warehouse Union got together with Swenor's labor union and began reworking their pact.
Under the new pact, benefits can be granted to domestic partners. In terms of Burrows, the change in the agreement was made retroactive, thus allowing him to receive Swenor's benefits.
Overwhelmed by the decision, the 71-year-old Burrows expressed his satisfaction that the gay community was being recognized and described Swenor as "smiling down" on him.
Joyce Pierson, a coordinator for the National Center for Lesbian Rights Elder Law Project, applauded the ILWU's decision in a story on the Advocate.com Web site. She also pointed out that these legal complications are becoming more common nowadays for gay people.
Pierson indicated that same-sex domestic partners in California should also have the same rights as heterosexual couples who have access to benefits and pension funds following the death of a spouse.
Ultimately, this case is yet another example of a growing legal forum in which many questions remain and need to be answered. With gay rights' advocates calling for the legalization of same-sex marriages in many more states than just Massachusetts, such issues like pension fund benefits will continue to have an urgent significance for same-sex domestic partners throughout the United States.
With that said, we've previously detailed a landmark case in which a gay couple married in Massachusetts was trying to divorce in Rhode Island. This Rhode Island divorce case alone is proof of just some of the issues that still need to be resolved when it comes to same-sex partnerships and marriages.
• Rhode Island Supreme Court Will Hear Divorce Case of Gay Couple Married in Massachusetts