Let Us Count the Ways: Project 515 Pins Minnesota’s Legal Lapses

Lavender: News & Politics: Let Us Count the Ways: Project 515 Pins Minnesota’s Legal Lapses

Let Us Count the Ways: Project 515 Pins Minnesota’s Legal Lapses
FEATURE by E.B. Boatner



Just how unequal under the law is “unequal” for GLBT couples? In Minnesota, it turned out upon examination that a same-sex couple is at least 515-times less equal than their straight married neighbors.

It was necessary to begin a discussion about how Minnesota laws discriminate against many Minnesotans in order to eventually change the laws; or so thought 10 individuals—including several straight allies—representing a broad and diverse range of expertise within the fields of communications, government affairs, community activism, and philanthropy, who formed the board of directors of Project 515 for that express purpose.

Using search engines to feed the Minnesota Statutes of 2006 with keywords including, “married, marriage, marital, spouse, husband, wife, immediate family, family member, and relative;” the group found some 515 statutes and has published a report: “Unequal Under the Law: 515 Ways Minnesota Laws Discriminate Against Couples and Their Families.”

The “515” is not, however, the total figure, since many statutes use specialized terms to refer to a married couple or a family unit. The term “heirs,” for example, is defined in probate law to include the surviving spouse of the deceased, and would not include an un-recognized same-sex partner. “Heirs” was not a search term, so some statutes may have been omitted.

The full list, on 515’s Web site www.Project515.org, runs the gamut from vital to quirky. Definitely quirky: A farmer needs no license to kill his chickens for family consumption. However, since Minnesota law does not recognize a same-sex partner as “family,” the farmer must obtain a license to serve chicken at home. Ridiculous? Unlikely? Yes—but one bizarre example indicates just how deeply inequity penetrates Minnesota law.

There has been much discussion of the more serious restrictions; the costly and time-consuming paperwork same-sex couples must accumulate for their protection: wills, joint accounts, medical directives, adoption papers, real estate transactions, etc., which, after all, can be derailed at the whim of a single homophobic nurse, “real” family member, or judge.

Project 515 is dedicated to the proposition that the priority —before the issue of gay marriage—is raising awareness of the scope of the discrimination and then identifying and redressing inequalities under Minnesota law, a more obtainable goal. They cite the 2006 Equality Minnesota poll conducted by DRL of Minneapolis, in which almost 70 per- cent of Minnesotans said that, “Gays and lesbians should have the same rights and responsibilities as everyone else.”

“Responsibilities.” It is vital the non-GLBT community realize not only are gays not demanding “special” rights, but, that in addition to simply seeking rights granted all other Minnesotans, they are willing to shoulder their share of the legal responsibilities.

Project 515’s three main goals, which will be discussed in future Lavender articles, are:

Building capacity to achieve equality. Documenting laws that involve married Minnesotans; developing a structure and function to implement their efforts; identifying and engaging new allies to support their mission.

Mobilizing the public. Creating a statewide public advocacy campaign to disseminate through all media information about the 515 discriminatory statutes; being a resource for the media on equality issues for same-sex couples and their families; being a resource for faith, business, and other local communities.

Advocating for effective legislative action. This component will include legislative action, including a lobbyist, an electoral strategy supporting a multi-year plan; and active efforts both to strengthen grassroots support networks and to oppose efforts to restrict the rights of Minnesota same-sex couples and their families. Why now? Why another group? Why this one? Because of its singular focus, explains Laura Smidzik, Project 515 board member. While working collaboratively with other GLBT groups and allies, Smidzik notes that, “Project 515 will be exclusively dedicated to, and will stay laser-focused on, the elimination of the 515 statutory inequities to secure equal rights for same-sex couples and families under the law.”

“We need to change the debate,” stresses Lee Anderson, Project 515’s Board Chair. “Minnesotans have really only talked about gay marriage, which polling shows is polarizing and something that most Minnesotans don’t support. But, those same polls show that Minnesotans support fairness for all Minnesotans, including same-sex couples. When we talk about the 515 state laws that treat same-sex couples unequally, people are shocked by the actual discrimination we face. Project 515 will use this broad-based support to advocate for change over time.”