Chapel Hill to include domestic partnerships in the definition of 'spouse'

Chapel Hill’s new cellphone ban has been replete with controversy. Now, concerns extend past driving to focus on gay and lesbian rights.

The ban includes exceptions that allow residents to call parents, children and spouses while driving. But it doesn’t indicate whether domestic partners are permitted to call their significant others. That lack of inclusive language has lead to resident complaints.

“I’m quite surprised that in the cellphone ban, there are exemptions for calls to parents, children and spouses, but none for domestic partner,” resident Gerry Cohen wrote in one email to Mayor Mark Kleinschmidt.

In response to the complaints, Kleinschmidt said he plans to introduce an expanded definition of the word “spouse” at next Monday’s Town Council meeting. The change would ensure that all town ordinances apply to domestic partnerships.

Kleinschmidt said he raised the issue during early discussions of the cellphone ban and began working with the town lawyer to create an expanded definition of the term “spouse.”

“We are going to add this new definition to our ordinances,” Kleinschmidt said. “Anywhere the word ‘spouse’ is written, it should be understood to mean a couple who is in a marriage or those who are involved in a domestic partnership.”

The idea of expanding the definition to include domestic partnerships is nothing new to the Triangle area.

Carrboro already has an expanded definition of “spouse.”

“We have taken steps to include domestic partnerships in most of our town codes,” said Carrboro Town Clerk Catherine Wilson.

In Durham, Public Information Officer Beverly Thompson said domestic partnerships are considered spouses in terms of employee benefit packages, but similar to Chapel Hill, that definition is applied on a case-by-case basis.

“I’m not sure that it has been applied to every ordinance,” she said.

Kleinschmidt said he wants to take care of the problem permanently, rather than specifying what the term “spouse” means in each ordinance.

He also said the decision to standardize the definition came after months of working to include the term “domestic partnership” into ordinances.

“We have always worked diligently to have inclusive language,” he said. “What we don’t want to do is accidently miss one and then have some sort of legal situation on our hands.”

Kleinschmidt said after he introduces the new ordinance to the Town Council, it will be subject to a public hearing. But he said he is hopeful that the new definition will be on the books by the end of the month.

“I would like to get this done as soon as possible,” he said.

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