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Tuesday, February 20, 2007

Politics BRO Suit Pits Sam Adams And His Former Partner Against The State

Posted by Scott Moore on Tue, Feb 20 at 1:15 PM

As first reported here, City Commissioner Sam Adams has signed on to Basic Rights Oregon’s fight to make the State of Oregon comply with the state constitution. The first step in his lawsuit was filed today in Multnomah County Circuit Court.

sam_web.jpg

The lawsuit is the fourth in a series of suits filed with the help of BRO, but it’s the first that isn’t directly against the state of Oregon. It is, essentially, a “dissolution of domestic partnership” suit between Adams and his former partner of 11 years, Greg Eddie.

They split up in 2004, during Adams’ campaign for city council—relatively amicably, according to all accounts—and began dividing the assets (cars, a house, Eddie’s 401K, etc.) that they had built up in their more than a decade together. But the only thing they couldn’t divide was the money in Adams’ public employee retirement (PERS) fund. Normally, with straight couples who divorce, a court can order that the PERS account be divided—but since Adams and Eddie weren’t (and couldn’t be) legally married, state law prevented the account from being split up.

According to the legal team at BRO, it’s a case of state law violating the state constitution. In 1998, the Oregon Court of Appeals ruled that it was unconstitutional for state agencies to treat legally married couples and same-sex domestic partners any differently. Benefits offered to breeders couldn’t be denied to other couples solely based on their sexual orientation. Still, Oregon has dragged its feet in implementing the required policy changes to comply with the ruling, leading BRO to start suing.

The Adams v. Eddie lawsuit is seeking the division of Adams’ pension, but more largely, it’s asking that the statute governing PERS benefits be ruled unconstitutional. Depending on how the state responds (read: if the state says “screw off”), the case could eventually become Adams & Eddie v. The State of Oregon.

Adams is the highest profile litigant BRO has had—yes, even higher profile than WW’s Byron Beck, who was involved in a previous lawsuit called Martinez v. Kulongoski, which attempted to invalidate Measure 36. The specific legal issue in this case—dividing a state employee pension—won’t exactly blow up any newspaper headlines, but the involvement of Adams, a media darling, is bound to grab attention.

And don’t let the Adams v. Eddie name fool you—the former partners aren’t pitted against each other, but are reuniting in the public eye to fight for equality, even in “divorce,” which they proved by hugging after the press conference.

Comments

Wait. Sam Adams is gay?!

If you want to get technical, Just Out had a post this morning at 9:50 that referred to the noon press conference in the past tense, and WW's "12pm" post somehow went up after a 12:38pm post--I guess I should find out where this magical journalistic time machine is.

Think we can expense a magical journalistic time machine?

It's good to see that WW is using their interns to read our blog, though.

Doesn't it seem kind of weird that Sam is sticking his neck out for something like this? While I know there's no law against a politician suing the state, it does kind of smack of biting the hand that feeds him.

Kind of weird? Perhaps, but only because Adams' already seems to have a full plate. I wouldn't characterize it as biting the hand that feeds him--he's suing to have what he sees as an unjust (and unconstitutional) policy changed.

No matter the outcome of this suit, Adams loses. Courts have an obligation to protect individuals against taking legal actions that harm them. This suit is unlikely to make it out of the starting gate.

I'd hope that the courts wouldn't see two adults trying to fairly divide their property as a situation where someone loses. It sounds like Adams got part of Eddie's 401k—so he's ahead, at the moment. Divvying up the PERS $ will just even them out.

Hi Scott,
While I wrote the entry at 9:50 a.m., the "post" button was struck at noon by the Just Out art director, embargo respected.
Thanks, watchdog.
--Jaymee

Technology sure is weird. It makes some people think that one minute is a substantial enough amount of time to start bitching about who broke a story when.

"With a rebel yell...."

You're making me nervous.

Hey, Scott and Amy, I wasn't the one claiming to be first on an embargoed news story, where scoops really don't apply.

Glad to see the readers are ignoring our inconsequential thumb-wrestling match and focusing on the actual issues.

(And good to find out I'm an intern, after seven-plus years behind the scenes at WW. I'm DEFINITELY gonna ask for some bus passes.)

XOXO

Ian Gillingham
Copy Chief, Willamette Week

So touchy!

Cat fight! I'll get the jell-o out

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