February 12, 2007

Three years ago, Ellen Novak developed a chronic lung condition that forced her to retire at just 52 after 25 years of working for the New Mexico state government.

As a social worker and program manager for the state's Department of Children, Youth and Families, Ellen had had her partner, Linda McCreary, and their two children on her employee health plan.

The family had gotten that financial boost in 2003 when Gov. Bill Richardson signed an order extending benefits to state employees' partners. The change meant Linda, who owns a real estate company, no longer had to buy expensive, bare-bones private coverage.

Unlike spousal benefits, partner benefits didn't follow Ellen into retirement. Hurting financially because of Ellen's retirement, the family had to come up with $225 a month to buy Linda catastrophic insurance.

Rather than suffer in silence, the lesbians, openly gay since their early 20s, demanded fairness. Their claim is before a court. And New Mexico state lawmakers are weighing legislation to make sure retirees don't lose partner benefits.

"We have a responsibility to fight, both for ourselves and for the gay men and lesbians who are a generation above us who feel too afraid to say who they are," Novak says.

The couple is at the forefront of what will be a wave of lawsuits as the first generation of gay Americans to have spent much of adulthood outside the closet hits retirement -- and runs smack into a retirement world not used to dealing with gay people prepared to speak up for themselves.

Similarly, a Florida lesbian couple -- retired university professor Sheila Ortiz-Taylor and librarian Joy Lewis, both in their mid-60s -- had to wage a legal battle. Three years ago, they forced a retirement community in Tallahassee to allow unmarried couples, including gays, to pay the same to live in the continuing care community as married heterosexual couples.

"I am sorry it takes lawsuits," Joy said, "but that is what it took."

These path-breaking couples tackled discrimination just as self-respecting gay Baby Boomers started reaching retirement age. Many have been open for decades. Others have outlived their last reasons for being closeted -- fear of losing a job or a parent's love.

Michael Adams, executive director of Sage, says his advocacy group for gay seniors hears of outrageous discrimination against older gays too frail or fearful to fight back. What has yet to happen is a high-profile, big-dollar settlement that will shake retirement-oriented businesses.

"That will dramatically change the landscape," Adams predicts. "We have the legal legs to stand on in many states. And increasingly we will have the plaintiffs to step up to the plate."

But Lewis is right: It shouldn't have to take a lawsuit.

Fifteen of the 17 states that protect gay workers also forbid anti-gay discrimination in housing and public accommodations. The federal government ought to follow their example. The gay community's allies in Congress shouldn't just reintroduce the narrow Employment Nondiscrimination Act now that Democrats are in charge. That would do zero to protect gay retirees -- or the rest of us who're gay and run into nonwork discrimination.

Just like gay workers, gay retirees need state and federal laws to shield them from discrimination. Job protections are only half a solution.

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