DIVERSITY is a word much discussed at the University as a new generation of earnest egalitarians strives to correct the racist and sexist injustices of our past. We are fortunate to attend college in a time of great consciousness on issues of discrimination, but unfortunately future generations will look back on these years as a time when bigoted state laws prevented the University from moving toward equality for gay and lesbian members of the community.
Although the administration is quick to point out that state law prohibits the University from extending benefits to the same-sex partners of gay and lesbian employees, domestic partner benefits were not offered even before the General Assembly prohibited the University from taking its own actions. The absence of domestic partner benefits places the University behind most schools in its league, as almost every top university offers extended benefits to same-sex partners. Without domestic partner benefits, our professed commitment to diversity rings hollow, and many straight and gay professors are reluctant to move to a school that discriminates.
University Vice Provost for Faculty Advancement Gertrude Fraser acknowledged that the lack of domestic partner benefits has been an issue in faculty recruitment. "I have anecdotal evidence that employment prospects do bring the issue up and worry about the negative consequences for their partners and families," she said in an e-mail.
In addition to giving talented professors doubts about coming to the University, the extent of the commonwealth's legal restrictions prevents the University from making decisions about its own facilities. Last semester, a same-sex couple of graduate students was denied University housing because apartments for two are only offered to legally married couples.
University spokesperson Carol Wood said that state policy has also forced the University to restrict gym memberships to legally married spouses. "We looked into [extending membership to household members] with the athletics facilities," she said in an interview, "and we found that we were unable to do that." Although health insurance is a more urgent concern, the lack of recognition for gay employees' families even in small matters can be a cruel daily reminder that they live and work in a society that views their relationships as illegitimate.
Last year, domestic partner benefits were frequently discussed on Grounds, as students rallied outside of the Board of Visitors meeting and the faculty senate passed a resolution in favor of extending benefits to same-sex partners. But with the passage of the Marriage Affirmation Act, which prohibits extending any of the benefits of marriage to same-sex couples in Virginia, discussion has faded to silence since the Board of Visitors no longer has the power to change the policy.
Now advocates for equality must take the fight to our state government, which may seem like a lost cause when so many legislators vote for discrimination. However, the General Assembly is not as rigidly opposed to domestic partner benefits as last year's legislation would suggest. This summer, the General Assembly passed legislation that allows private companies to extend health insurance to members of the employee's household, including a same-sex partner, if they choose to offer these benefits. Gov. Mark R. Warner signed the bill into law in July, and several private universities in Virginia have already taken advantage of this freedom.
The new law may seem inconsistent with the Republican majority's apparent view that same-sex relationships are an unholy plague upon the Commonwealth, but in allowing private companies this freedom, the General Assembly reminds us that not even sanctimonious bigotry can trump our legislators' commitment to the interests of local business. Virginia-based companies such as Philip Morris, AOL Time Warner and Capital One offer health insurance to household members, and their concerns are taken seriously by the numerous legislators who receive their campaign contributions.
Unfortunately, the University lacks the influence of big business and is actually dependent on the state government for funding. It will take public pressure to persuade our leaders that treating same-sex couples as second class citizens hurts our universities and drives talented people away from the state. Or more accurately, it will take public pressure to persuade them to care.
Rather than resigning ourselves to institutionalized discrimination, the University should lead a public discussion on the consequences of this legislation. The University has a direct interest in the legalization of domestic partner benefits, and we should campaign for the freedom to treat everyone equally with as much energy as we campaigned for the freedom to raise tuition. But more importantly, our state laws are wrong, and most people at the University are enlightened enough to know it.
Fair-minded people may hesitate to study or teach at a university that is legally prohibited from offering benefits to same-sex partners, but surely it makes a difference if the community is willing to fight for equal rights. It probably will be a long time before gay and lesbians experience equality at the University, but it will take even longer if we accept hateful legislation as defeat.
Cari Lynn Hennessy is a Cavalier Daily columnist. She can be reached at chennessy@cavalierdaily.com.
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