Collegedale Commission Votes 4-1 To Provide Benefits To Same-Sex Couple

Collegedale Commissioners voted 4-1 Monday night in favor of the controversial issue of extending spousal and family health insurance coverage to all city employees who are able to provide a marriage document, including those with a same sex spouse. 

The resolution passed with only Mayor John Turner voting in opposition. In favor were Vice Mayor Tim Johnson and Commissioners Larry Hanson, Katie Lamb and Debbie Baker.

This will allow Collegedale Police Officer Kat Cooper and her same sex wife, equal access to the benefits provided to other city employees.

The commission room was filled with people on both sides of the issue, and citizens of Collegedale were given the opportunity to express their opinions to the board of commissioners. The first to speak was Officer Cooper, who told of her quest to obtain equal benefits for her family since 2006. Being turned down that year, a second request failed to have her domestic partner included in her insurance plan, again in 2009. Last fall, she once more asked for coverage, this time, culminating in the vote that passed at the meeting Monday.

Ms. Cooper asked the commissioners to stand up for the ethical treatments of all employees and to show compassion. Denial would be cruel and would show sheer discrimination, said Ms. Cooper. “Small ripples can precipitate huge waves,” she added.  Reports of this issue being voted on have appeared recently all across the country, it was noted.

The majority of citizens who spoke to the commissioners were not in favor of the policy change. Cited, was the recent Supreme Court decision concerning same-sex marriages. The federal government now will recognize that same sex couples holding marriage licenses from any of the 13 states that now allow it are eligible for federal employee benefits. But, it also allows states to refuse to recognize those marriages performed in other states, and says that state law takes precedence over the federal law in these issues.

One resident speaking in favor of passing the new resolution said this is a decent person in reference to Kat Cooper. He told the commissioners that he was ashamed of people not standing up for her. Another said as a gay man himself, he did not think that he was hurting anyone. He said Kat Cooper had served the community well and she should be treated equally.   

Disappointment in the change of this policy by the city was conveyed by citizens speaking out against the fact that Officer Cooper and her spouse circumvented Tennessee law by going to Maryland, and that Collegedale is rewarding this abuse of state law. Others said this precipitates a move away from traditional marriage which is the foundation for society, causing it to become less significant. Extending benefits to an untraditional family will move society away from traditional homes where children do best, said another speaker, and yet another asked the mayor if the matter could be voted on by the residents. The city charter does not provide for a referendum, answered City Attorney Sam Elliott.

Since the Tennessee Constitution defines marriage as a relationship between one man and one woman as being the only legally recognized marital contract in the state, Collegedale’s decision could possibly lead to legal issues, another resident said, adding that tax dollars should not be spent illegally.

Before the vote, Vice Mayor Johnson told the audience that the commissioners were not redefining marriage. He said they were considering civil unions.

Attorney Elliott clarified that statement saying same sex marriage is not recognized as a federal right and that there is no equal protection rights provided for it by federal law. But, if a city employee is legally married to a same sex partner, in any state that allows it, Collegedale will provide health insurance for their families. This policy does not recognize or confirm the validity of the marriage, but simply confers a status that that determines the definition of a family, it was stated.

The definition of “family” is recognized as the concept of mutual dependence and reciprocal kindness and promotes the comfort and convenience of persons living together as a family. The term is flexible and includes a collective body of people forming one household that supports and cares for one another.

Mr. Elliot went on to say that the city cannot legally recognize as a marriage, the union of a same sex couple. They can, however recognize a non-traditional family relationship. The Collegedale commissioners respect the Tennessee constitution, in that regard. That is the basis for the resolution that will now provided equal benefits to same sex couples.

A host of police officers were at the meeting, and purses were searched for those entering.