Gym Benefits Extended To Same-Sex Couples

McDonnell Says Va. Law Allows Privilege

RICHMOND, June 20 -- It's not the right to marry or even protection against employment discrimination or hate crimes.

But in a state where gays and lesbians have had few legislative successes, same-sex couples at the University of Virginia scored a victory this week.

The university announced it will allow same-sex partners of students and employees to join the school's gym, a privilege that has been extended to married couples for years.

The school's decision came after Attorney General Robert F. McDonnell (R) issued an opinion June 7 saying the extension of gym memberships to unmarried couples does not conflict with state laws prohibiting public schools and local governments from offering health insurance coverage to domestic partners. Virginia's code and constitution also outlaws gay marriages and civil unions.

Because state laws do not address the issue of gym benefits, McDonnell said, "the University of Virginia is authorized to provide a recreational gym membership to an adult who is not a spouse and who lives in a household of an employee or student."

University officials, under pressure from gay students and faculty members, said they have been trying since 2004 to add domestic partners to their gym policy.

In recent years, several state colleges and universities, including Virginia Tech and Virginia Commonwealth University, have expanded their gym policies to include same-sex couples.

U-Va. officials said they were stymied by former attorney general Jerry W. Kilgore (R), who told them in 2005 that the school cannot grant benefits for relationships not recognized by state law. Kilgore said he does not remember giving that advice.

Earlier this year, U-Va. sought an opinion from McDonnell, who took office in 2006.

Carol Wood, a U-Va. spokeswoman, said McDonnell's opinion means the school will immediately start allowing students and faculty members to add one person who lives with them to their gym memberships, for $270 a year.

"It could be your best friend; it could be your grandmother; it could be your significant other," Wood said.

Gay rights advocates said McDonnell's opinion is noteworthy, especially considering that the attorney general was a leader in the successful effort to enact a constitutional amendment banning gay marriages and civil unions.