L G B T   C a m p u s   O r g a n i z i n g
may actually increase productivity
b.  There is a further disincentive to fraud
through promoting workplace morale and
in that employees must specify one per 
stability.  In short, goes the argument, the
son to receive their benefits and that
happier and more secure a person is in his
many people are reluctant to identify
or her job, the more productive he or she
themselves to their employers as gay or
will be.
lesbian.  This means that it would be
unlikely for an employee to claim a
In the campus setting, where productivity
homosexual relationship falsely.
is not necessarily measured in strictly
monetary terms, this argument may still
c.  Most benefits programs that cover
be applied.
domestic partners require affidavits,
which generally make the employee
2)  What about HIV/AIDS? 
liable for the cost of benefits in the event
a.  As Lambda Legal Defense and Educa 
of fraud.  The following criteria are typi 
tion Fund has pointed out, as a matter of
cally used to determine the legitimacy of
justice, this concern is also irrelevant.
domestic partnerships for purposes of
Further, we don t decide who receives
establishing eligibility for benefits:
coverage based on cost for anyone else.
For instance, we don t decide not to cov 
the couple live together;
er wives because they get pregnant.
the couple is jointly responsible for
household expenses;
b.  Costs associated with HIV and AIDS
have also proven to be low, largely for
reasons described above, but also
the couple is financially interdepen 
because those who opt for benefits are no
more likely to be infected with HIV than
the general population.  Further, the low 
the couple is not related by blood to a
est incidence of HIV infection is among
degree of closeness that would prohib 
lesbians.  And finally, recent medical
it legal marriage;
advances have resulted in HIV and AIDS
being decreasingly likely to require pro 
the couple are both at least the age of
longed hospitalization, making the cost
consent in the state in which they
of lifetime AIDS treatment lower than
costs associated with cesarean section
births, heart disease and many common
a person can have only one partner and
forms of cancer.
cannot be married; and 
3)  What about Fraud?
if the partnership ends, a new partner
a.  At base, there is no reason to assume
cannot be covered for some specified
that more fraud or abuse occurs among
period of time.
unmarried employees than exists among
(See sample affidavit, Appendix D, pp
those who are married.  The potential for
280 281.)
sham marriages, for instance, stems from
the fact that people are seldom asked to
4)  What if the Institution s Insurance
produce a marriage certificate.
Carrier Refuses to Provide Coverage?
2 7 4
P r a c t i c a l   A p p l i c a t i o n s


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