UNM lawyer struggled for gay partner benefit policy

by Christopher Sanchez

Daily Lobo

Twelve years ago, Robert Bienstock filed a grievance when UNM denied paying his partner's tuition.

"He was taking one class at a time, and for a couple of years they allowed it," said Bienstock, who is the deputy University counsel at UNM. "But on Aug. 19, 1993, somebody said no."

On Thursday, Bienstock and about 15 other UNM faculty and staff assembled in the SUB for a panel discussion on UNM's domestic partnership benefits for lesbian, gay, bisexual and transgender employees.

There were six people on the panel, which included Bienstock, who spoke and answered questions about domestic partner policies.

Bienstock, who was a UNM lawyer at the time, said he worked his way up through the administration and asked them to override the decision once his partner was denied free tuition. He didn't get an answer.

Bienstock paid his partner's tuition and asked for a refund, but he still didn't get an answer, he said.

"I filed for grievance that fall, which claimed discrimination on basis of sexual orientation, gender and marital status," he said. "Because I was a University lawyer, I needed special permission from the president and the general counsel."

It took several months for the University to contact him, he said, and once they contacted him, they asked if he'd settle if they paid for his partner's tuition.

Bienstock would not settle unless the University expanded its employee benefits to include domestic partners.

"I wanted a complete policy change," Bienstock said.

In October 1994, UNM expanded their benefits for employees to include domestic partners.

"I think we have a great benefits program," said Art Gonzales, UNM's benefits manager of human resources. "We have benefits offered to people regardless if married or not."

Gonzales said UNM paved the way for institutions implementing domestic partner policies. Albuquerque Public Schools called him last year and asked for advice on implementing a domestic partner policy for their employees, he said.

"We are an institution that cares," he said. "I'm glad to be a part of it."

Geri Knoebel, senior program manager of UNM's Alliance Transportation Research, said in 1985 New Mexico Governor Toney Anaya signed an executive order which added sexual preference anti-discrimination to state employment.

In 1998, out of 3,593 four-year colleges, fewer than 300 held domestic partner policies, she said.

"UNM is in the forefront," Knoebel said.

Martina Myers, a graduate student at UNM, said the discussion was insightful. She said she didn't realize New Mexico was one of the first states to implement a domestic partner policy.

"It was wonderful," Myers said. "I'm thrilled."

Bienstock, who said he was UNM's first openly gay university lawyer, said UNM didn't need to do anything more to improve the domestic partner policy.

"Improvements need to go through federal levels," he said. "Especially tax issues."

He said he paid thousands of dollars in taxes when his partner attended UNM.

"When a husband or wife gets it (free tuition), there are no taxes," Bienstock said.

Under both spouse and domestic policies, tuition is fully paid, he said, but not fees and books.

Bienstock, who has been part of UNM for 20 years, said he is proud of the University for implementing a domestic partner policy.

"UNM did the right thing," he said.