Boston Herald, August 5, 1998

Gov takes on mayor over benefits: Says move undermines the family

By Joe Battenfeld and Hilary Krieger

Acting Gov. Paul Cellucci yesterday hinted he may challenge Boston Mayor Thomas M. Menino's move to extend health benefits to domestic partners of city workers.

Cellucci's comments came just an hour after Menino issued an executive order in response to the governor's veto of a home-rule petition authorizing the expanded benefits.

The order allows gay and lesbian partners, as well as unmarried heterosexual partners, to receive city health benefits as long as they declare they are in a committed relationship.

But Cellucci, who made official his veto yesterday, said he has directed his legal counsel to consider drafting legislation that would limit benefits to same-sex couples.

"The legislation before me made this available to heterosexual couples. I think that undermines marriage, I think it contributes to fatherlessness, and that's why I vetoed it," Cellucci said.

Menino's executive order, which now lacks legislative protection thanks to the veto, can be challenged in court, a fact Cellucci pointed to yesterday.

"There's a question as to whether or not they have the authority (needed)," Cellucci said. "I want to see what the legal ramifications are from my legal counsel."

Menino dismissed Cellucci's argument yesterday. The issue has caused a rift between the mayor and governor, who have been politically close.

"If this is a reason that keeps people from getting married, it's a poor excuse," Menino said.

Cellucci has been criticized by gay and lesbian advocates for his veto. He has traditionally been a strong supporter of gay rights, but some GOP strategists believe he vetoed the domestic partner bill to shore up his conservative credentials.

Cellucci faces a GOP challenge in the gubernatorial race from State Treasurer Joseph D. Malone.

Other Bay State communities, including Cambridge and North Hampton, have already used executive orders to extend partner benefits and have faced no legal challenges to date.

City Councilor Tom Keane -- who filed the home-rule petition -- said the chance of a legal challenge is slim, and called the order "a significant step forward for (gay) civil rights."

But many conservatives decried the move. Evelyn Reilly, executive director of the Christian Coalition of Massachusetts, described Menino's action as "another blow to the traditional family."

"What they are in effect doing is taxing families who are already struggling to pay for relationships that are illicit and illegal," she added.

--Meredith O'Brien contributed to this report.

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