By Matt Simonette

Staff writer

Community activists and legal experts gathered May 10 at the Leather Archives and Museum in Rogers Park for “To Secure, Protect and Defend,” a legal seminar sponsored by Equality Illinois that addressed a number of pertinent legal and financial issues for gay and lesbian couples.

Illinois State Rep. Greg Harris (D-Chicago) and Rick Garcia, of Equality Illinois, first discussed the progress on HB 1826, legislation proposed by Harris that would allow civil unions in the state.

“We’re just a handful of votes short of passing this bill,” Harris said before urging the audience to contact their legislators about its importance.

He said, for example, that a colleague, Rep. Naomi Jakobsson (D-Kankakee), had received a stack of correspondence an inch thick about the legislation.

“It took all those people writing to get her informed about this,” Harris said.

He added that he expects seniors, both straight and gay, to benefit significantly from the legislation, since they too would be able to enter partnerships that would not have adverse effects on their Social Security or pension benefits.

“In Illinois, we’re literally right in the middle of the country (politically),” Garcia said. “We’re not Massachusetts, we’re not California. But we’re not Alabama or Florida either.”

“Look at all the states around us. Many have or will have a constitutional ban on same-sex marriage,” he continued. “(But) our legislature knows that it cannot put discrimination into the constitution.”

Nevertheless, he added that any progress the GLBT community makes is sure to energize right-wing elements in the state.

“The attacks on our families will continue. We anticipate there will not be any letup in trying to put a ban on marriage into our constitution,” Garcia said.

Overcoming that adversity, he added, means playing politics better than the community’s enemies.

“When I first started working as an activist, all I thought I had to do was explain (to politicians) what was the right thing to do. But most legislators understand one thing—votes,” Garcia said.

The rest of the forum outlined legal and financial steps gay and lesbian couples might take to better ensure their long-term financial health.

Attorneys David Wells and Ray Koenig, of the Gay and Lesbian Bar Association of Chicago, said that it was most important to hire attorneys who have experience with GLBT couples.

“If you tell them you are a gay couple, if they pause, you probably don’t want to see them,” Koenig said.

Wells and Koenig addressed the importance of power of attorney papers, which they called the most important document, not only for GLBT families but singles as well.

Koenig recalled contacting a woman whose friend had named her as having power of attorney when that friend had become incapacitated.

“She said, ‘Today’s not a good day. I have a hair appointment and I have to get my nails done,’” according to Koenig.

“Choose whoever gets power of attorney very wisely,” he cautioned. He said that careful selection of a POA lessened the need for a court appointing a guardian, an expensive process that doesn’t guarantee recognition for a same-sex partner.

They also urged couples to at least explore the idea of setting up revocable trusts.

“Especially if you own a home, there is more in your estate than you think,” Wells said. Trusts, he added, may prevent the estate from going into probate.

Financial advisor Philip Deitch reiterated the need to get counsel from people who know the problems that can face GLBT families.

“Find people to advise you who understand our community,” he said.

But Deitch said that even if GLBTs were to win full marriage rights, they still would need to plan thoroughly for the future. Citing the Terry Schiavo case, he said. “I advise even straight married couples to have POA’s now.”