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Union To Finally Recognize Gay Couple's 51 Year Relationship, Provide Pension Benefits
by 365Gay.com Newscenter Staff

Posted: August 23, 2007 - 11:00 am ET

(San Francisco, California) Marvin Burrows and life partner William Swenor thought they had done everything necessary to ensure for each other's financial future should either of them die.

The Hayward, California couple, together for 51 years, registered as domestic partners under the state law and in 2004 were married in San Francisco. The marriage was one of hundreds of same-sex marriages later annulled by the California Supreme Court but their domestic partnership remained intact.

Then suddenly in 2005 Swenor died.

When Burrows applied for the pension benefits left by Swenor the Industrial Employers and Distributors Association and Warehouse Union rejected the claim on the grounds the couple had not married and under federal law their relationship was invalid.

As a result, Burrows had to leave the home that he and Swenor had shared for many years and was left completely destitute.

Assisted by the National Center for Lesbian Rights Burrows for two years fought the union, and this week learned he had won.

The ILWU has informed NCLR that it had changed its policy to provide registered domestic partners with the same pension benefits as spouses.

The ILWU also agreed to make this change retroactive to March 1, 2005, thereby enabling Burrows to receive his deceased partner's pension benefits.

"I am overwhelmed and excited that I will receive what Bill promised me in case he passed away before me," said Burrows in a statement.

"Finally our community is being recognized, and my 51 years with Bill will mean something to others, not just me. I know Bill is smiling down on me today."

The union decision applies only two ILWU locals in northern California with about 5,500 members but NCLR said that the problem faced by Burrows is all to common for gay and lesbian couples.

"Marvin and Bill's story is unfortunately all-too-common, as, like the rest of the population, a significant portion of the lesbian, gay, bisexual, and transgender community grows older," said NCLR Elder Law Project Coordinator Joyce Pierson.

"For surviving heterosexual spouses, marriage automatically ensures access to pension and retirement benefits ... We should not forget, however, that the vast majority of same-sex partners in California still do not have this protection."

The issue of same-sex marriage in California is currently before both the legislature and the state Supreme Court.