El Paso Restores Gay, Unwed Couples' Benefits

El Paso City Council approved an ordinance to reinstate health benefits for domestic partners of city employees and anyone else who lost them after voters approved the traditional family values ordinance last year.

The eight city representatives were split down the middle, with Mayor John Cook having the tie-breaking vote. He voted in favor of the ordinance he introduced. Reps. Beto O'Rourke, Susie Byrd, Steve Ortega and Rachel Quintana voted to approve the ordinance, while Carl Robinson, Ann Morgan Lilly, Eddie Holguin Jr. and Emma Acosta voted against it.

Holguin said he had every reason to vote in favor of the mayor's ordinance.

“The voters of El Paso voted, and they stripped benefits from lots of people including myself,” Holguin said.

But he voted against it.

“People already feel that their vote doesn't count,” said Holguin. “What council did today basically confirmed that their votes don't count.”

Robinson suggested restoring benefits only to those unintentionally affected by the vote. A federal judge's ruling on the issue, however, included a warning about that.

“If you restore these benefits to say, retirees, City Council members and other employees, but not domestic partners, you will run afoul of the Constitution, the 14th Amendment, the Equal Protection Clause,” said O’Rourke.

The final vote drew anger from Pastor Tom Brown, the man behind the traditional family values ordinance.

“It's over with. There is no direct democracy in El Paso anymore after today,” Brown said.

Brown said he’ll move forward with a plan to recall those who supported the ordinance. Until a recall petition is under way, he said his hopes lie on the shoulders of someone not even on the council yet: Dr. Mike Noe, who will replace Quintana in July.

“I'm hoping that Dr. Noe will do the right thing and say the vote of the people matters,” Brown said. “If he can do that, then we will reverse the City Council again.”

The new ordinance restores benefits to all partners, including same-sex and unwed couples as well as retirees and elected officials.