Civil Union Couples Tie the Knot, But Won't Get Same Benefits as Married Couples

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At the stroke of midnight the statehouse steps were covered with hundreds of people and dozens of same-sex couples celebrating New Hampshire’s civil union law.
(vows)
Reverend Mary Wellemeyer presided over the group civil union that included couples from all over New Hampshire, some who had been together for more than 30 years.
Couples then stepped together through an archway covered in hanging paper wedding bells.
(1188-screams)
Brenda Daley and Lynn Carlson drove from Laconia to participate in the ceremony.
Daley says they’ve been together more than 10 years and have four children – so the law granting them legal recognition as a family means a lot.
(Brenda)- excited, wow, I can’t believe it’s happening before I pass away…during our time.
New Hampshire’s civil union law grants couples the same rights as married couples under state law – but still denies them more than a thousand rights under federal law.
Mo Baxley with New Hampshire Freedom to Marry says many same-sex couples were caught off guard by that.
“It has some legal protections but it’s certainly not equal and there’s certainly a lot of legal protections that don’t come with it so people are finding those out and making serious decisions.”
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At a hair salon in Concord, owner Gary Benson has been without health insurance for eight years.
It’s not uncommon in the gay community - gay couples are almost twice as likely as straight married couples to lack health insurance.
Benson says gaining health benefits after his civil union with his partner of 12 years was what he most looked forward to the most.
1155 I didn’t even think it was a possibility that I wouldn’t be, I was shocked when he came home and told me that it was possible that I would not be, I was shocked.
His partner Dan Bilodeau says he found out his company was self-insured.
New Hampshire Insurance Commissioner Roger Sevigny says most self insured companies fall under federal insurance regulations, not state.
:52 the state does not regulate self insured plans therefore the law does not apply to self insured plans that does not preclude them from offering that though.
Bilodeau says the decision on whether his partner would get health insurance was in his employer’s hands.
Bilodeau says it’s unfair.
156 you can’t choose who you’re going to insure and who you’re not going to insure, it’s a valued employee doing respectable work, they should be getting the same benefits as everybody else and that’s what angers me.
Attorney Michelle Granda with Gay and Lesbian Advocates and Defenders, or GLAD says hundreds of gay couples in the state may be shut out of benefits married couples have.
3:54 if an employer with a self-insured plan wants to discriminate, it sure is going to be hard to stop them, they have the ability to do the right thing, to treat partners and spouses equally and fairly, but some might not.
Fortunately for the couple, Bilodeau’s employer eventually decided to offer health insurance benefits.
Bilodeau says it’s a huge relief.
“I was like unbelievable –Gary- you were so happy that day – my company actually felt that they wanted to do this, I know they weren’t required to but just for them to do this was unbelievable”
Bilodeau and Benson say they know not every self insured company will make the same decision – they already know couples that have been denied the same benefits.
They say it wouldn’t surprise them if the issue ends up in a courtroom.
And New Hampshire is the only state in the nation to pass a civil union law without a court case or the threat of one.
For NHPR news, I’m Amy Quinton.