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State Department enacts same-sex domestic partners benefits for those serving abroad

by: Pam Spaulding

Sun Jun 28, 2009 at 12:00:00 PM EDT


The U.S. Department of State, under Secretary Hillary Clinton, has implemented benefits for partners of foreign service employees. The Blend has obtained the cable sent to employees by the Secretary of State confirming that the implementation this past Friday.

The interim changes to the Foreign Affairs Manual (FAM) referenced below were also forwarded to the Blend and can be read by clicking this link or the image at right. These changes will be added to section 3 FAM 1610 of the manual.  Below is the cable of the announcement containing the requirements to obtain the benefits.

R 262320Z JUN 09
FM SECSTATE WASHDC
TO ALL DIPLOMATIC AND CONSULAR POSTS COLLECTIVE
AMEMBASSY TRIPOLI

UNCLAS STATE 066740
FROM U/S KENNEDY

E.O. 12958: N/A
TAGS: AMGT, APER

SUBJECT: Implementing Benefits for Same-Sex Domestic Partners of Foreign Service Employees Serving Abroad

Ref:    State 063819

1.  Last Thursday, the Secretary announced that the Department is extending the full range of legally available benefits to same-sex domestic partners of members of the Foreign Service sent to serve abroad.  I am pleased to advise that the implementing changes to the Foreign Affairs Manual (FAM) will be effective for the Department of State on June 26, 2009.  If other agencies decide to implement these changes as well, they may choose the same date or any subsequent date.

2.  The interim changes to the FAM are available on line at http://hrweb.hr.state.gov/prd/... tic_partners.cfm.  We expect them to be published in final within 30 days, following interagency review.  We encourage you to review them to gain a fuller understanding of the benefits extended in reftel.

3.  To obtain benefits for their same-sex domestic partners, employees must:  (1) file an affidavit of eligibility for benefits and obligations (also available at http://hrweb.hr.state.gov/prd/... tic_partners.cfm) and, (2) update their OF-126 (Residency and Dependency Report, see para 6).  Please read and consider the affidavit carefully before signing.

4.  Domestic partners must also comply with the same security requirements and undergo the same background review as spouses.  Domestic partners must also have a valid medical clearance for the post of assignment. Those already at post should follow the procedures for a newly acquired dependent - they will be given access to the overseas health unit for up to 90 days pending completion of their medical clearance.  It is important to note that domestic partners must have health insurance as the Department acts only as a secondary payer in event of overseas hospitalization.

5.  As per the FAM regulations, the affidavit must affirm, among other things, that the employee and his/her domestic partner:

(a) are each other's sole domestic partner and intend to remain committed to one another indefinitely;
(b)  have a common residence, and intend to continue the arrangement;
(c)  are at least 18 years of age and mentally competent to consent to contract;
(d)  share responsibility for a significant measure of each other's common welfare and financial obligations; (e) are not married to, joined in civil union with, or domestic partners with anyone else; and
(f) are same-sex domestic partners, and not related in a way that would prohibit legal marriage in the State in which we reside.

6.  For State employees, both documents should be directed to your Assignment Technician in HR/EX.  The OF-126 must be filed electronically.  An updated version is available to each employee through his/her GEMS account on HR Online.  The signed affidavit can be e-mailed to your assignment technician at "HR-EX-ASU" on the Global Address List or faxed to 202-663-0449.  You may file these forms immediately.

7.  Employees of other foreign affairs agencies should consult their Human Resources Office for filing instructions.  We offer that the OF-0126, available on the Department of State's intranet, might be amended with a pen-and-ink change to add "domestic partner" in the box requesting "relationship".

8.  Additional instructions and guidance will be issued in the coming days on specific benefits.  In addition, while we are willing to offer diplomatic and official passports to eligible US citizen domestic partners, diplomatic visas and work eligibility for them depends upon host governments.  In this regard, bilateral work agreements may have to be renegotiated.

9.   As we proceed to implement this important initiative, we welcome any suggestions you may have for improvement.

10. Minimize considered.

CLINTON

Pam Spaulding :: State Department enacts same-sex domestic partners benefits for those serving abroad
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Another tiny bone tossed to LGBTs....
This dribble of small moves towards equity for LGBTs is another pathetic attempt by the Obama administration to quiet the anger and sense of betrayal that's built in his gay and straight Democratic base over his utter failure to walk the walk with DOMA and DADT...

He's a great talker, but I'm becoming more and more disillusioned with his ability to follow through on his promises.


Small point of disagreement
I'm becoming more and more disillusioned with his ability to follow through on his promises.

I don't think it's a question of his ability to follow through, but his willingness.  It's been quite clearly established that he has the ability to end the military discharges, for instance (even Harry Reid says so).  President Fierce just simply refuses to do it.

I am not interested in picking up crumbs of compassion thrown from the table of someone who considers himself my master. I want the full menu of rights.  -Archbishop Desmond Tutu


[ Parent ]
Point f) on the requirements.
Point f in the requirements states: are same-sex domestic partners, and not related in a way that would prohibit legal marriage in the State in which we reside.

Does that mean that if there is a DOMA law within the state of residence they can't claim this benefit.

For example:  I live in Texas where there is an amendment to the state constitution that says the state will not recognize any form of same sex relationships.  Does that mean that I couldn't apply?  

Just wondering.

Later,

Marlin


no, it means
no, it means they are not rleated as in family members like siblings or cousins that would be illegal in their home state.

It means that you don't qualify if you couldn't legally get married if you were straight.


[ Parent ]
with regards to the requirements in #5
Does the state department make married heterosexuals provide proof of these same things in order to qualify for benefits?

Do married heteros have to have a "common" residence?

Do married heteros have to prove they "share responsibility for a significant measure of each other's common welfare and financial obligations"

Don't many straight married couples keep their financial responsibilities separate?

These are the same kind of "rules" they make domestic partners submit to in CA.  But, they make no such "rules" for heteros to get their marriage benefits.


The short answer to all of your questions is NO.
Basically gay couples have to jump through ten times as many hoops to get 1/1000th the benefits of marriage.

Forgive me if I seem unimpressed and ungrateful.  It's only because I'm unimpressed and see no reason to be grateful.


[ Parent ]
news scoop
The Blend has obtained the cable sent to employees by the Secretary of State ....

The Blend is really good at obtaining news-worthy documents.  



Unaware of the (rather bitter) irony, the cable concludes:
10. Minimize considered.

The phrase is boilerplate having to do with the government's communications bandwidth. It's inclusion in a document can be nothing more than lip service, which is additionally ironic for the underlying executive memorandum in this instance (and yes, an obvious but very impolite remark occurs to me).


Minimize
This phrase is on almost every cable sent out that is not dealing with an emergency somewhere in the world. It does not mean that people have the ability to ignore it.

In fact, I have to tell you that for a government agency, the Department is moving at light speed. Within a day of the announcement, I was able to do part of the computer update for me and my partner, who is also a Foreign Service Officer, to register as a "tandem," Department lingo for when both partners are employees of the Department. Days later, I completed the second step, and by tomorrow, the process should be done. Most of my colleagues with partners, tandem or not, have already registered their partners and have begun the process of getting in the affidavits and getting clearances for their partners (this is required of straight spouses as well and opens the door for employment at post).

I also want to assure you that as an insider to the negotiations for the benefits given to State Department employees, I can tell you that Secretary Clinton gave absolutely every benefit that it was within her power to give without Congressional approval. She is certainly our "fierce advocate," and I am very proud to work for her.


[ Parent ]
Secretary Clinton
Digger, you gave a great reply.  I was interested to read it and I have no doubt that you have an especially informed opinion of Secretary Clinton.

I should have been more careful.  The Secretary was the author of the cable, but I used it to critique the progress in the Oval Office and in the Congress.  My initial remark, that the cable was a "news-worthy" document, was intended to connote an encouraging event.  

I was not condemning when I said the cable's wording was ironic.   The goal is for same-sex partners to have benefits with full parity to straight married couples.  So far, the accomplishment appears to be minimal.  However, I (now) recognize that my comment implied that the accomplishment was nothing more than lip service -- and that is obviously inaccurate.   Yet, I am persuaded it is not much more.

Digger, I hope that you soon receive full parity and all other due rewards, and I hope that your Department makes all of us proud.  


[ Parent ]
I just don't understand
how one set of federal employees has more rights than another set, ie, those serving in the military/ DADT...  

"It goes on one at a time, it starts when you care to act, it starts when you do it again after they said no, it starts when you say We and know who you mean, and each day you mean one more."

Just crazy
So how is it that the State Dept can ignore DOMA and provide marriage-like benefits but the rest of the federal government can't?

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