AG takes swipe at Moscow's domestic partner benefits

Moscow-Pullman Daily News - DNews.com

AG takes swipe at Moscow's domestic partner benefits
Idaho Values Alliance says city should rescind health plan, mayor will meet with city attorney

By Tara Roberts, Daily News staff writer
February 12, 2008

The Moscow City Council's decision to extend insurance benefits to employees' domestic partners may not be constitutional, according to an opinion by Deputy Attorney General Mitch Toryanski.

The Idaho Values Alliance issued a press release today reporting that Toryanski's opinion states "an Idaho court would likely find that this policy violates the Idaho Constitution's Marriage Amendment."

The press release stated the opinion was issued Feb. 4 to Idaho Sen. Russ Fulcher, R-Meridian, who requested it in December on behalf of five other senators.

Attorney general's office spokesman Bob Cooper said he needed Fulcher's permission to release a copy of the opinion. Fulcher could not be contacted by press time.

IVA Executive Director Bryan Fischer said he also could not release the full text of the opinion without Fulcher's permission.

The IVA press release quoted the opinion as stating "the City of Moscow's new policy ... constitutes recognition of a domestic legal union other than marriage."

The City Council passed a resolution Dec. 17 that extended health insurance benefits from Regence Blue Shield of Idaho to employees' same- and opposite-sex domestic partners and their partners' dependents. Regence began offering the plan in November.

The city's decision immediately drew fire from the IVA, the Idaho affiliate of the American Family Association, a conservative Christian nonprofit group.

Fulcher said in December that he requested the opinion because Moscow's decision presents an "intuitive conflict" with Idaho's marriage amendment.

The amendment, passed in 2006, states, "A marriage between a man and a woman is the only domestic legal union that shall be valid or recognized in this state."

Fischer said Toryanski's opinion should lead the City Council to rescind the benefits decision.

"The attorney general's opinion said very clearly that an Idaho court would likely find (Moscow's) policy unconstitutional, so that's what the Moscow City Council has to grapple with," Fischer said. "If they don't revoke this policy then they are placing themselves and the taxpayers of Moscow in jeopardy of an expensive litigation that they are highly likely to lose."

Mayor Nancy Chaney said she was not surprised by the opinion, but it does not change her rationale for approving the benefits.

"I just would reiterate: The city of Moscow is neither creating nor encouraging domestic partnerships," she said. "We are simply offering an insurance plan that is offered by our insurance carrier."

Chaney said she heard of the opinion Monday night when she received an e-mail from Fischer. She had not received a copy of Toryanski's opinion as of this morning.

She said it is too early to say whether the opinion will change the City Council's decision to extend benefits to domestic partners.

In December, Attorney general's office spokeswoman Kriss Bivens Cloyd said an opinion from the office is strictly an opinion, and the city "can take that into consideration, or they can choose to ignore it."

Chaney said she plans to meet with City Attorney Randy Fife to discuss the matter this afternoon. Fife could not be reached for comment.

Tara Rob erts can be reached at (208) 882-5561, ext. 234, or by e-mail at troberts@dnews.com.