The significant shift in
cohabitation in the 1980s was the decline in the criminalization of
cohabitation and the rise of cohabitation as an “incomplete institution,” a
form of relationship recognized in law and in benefits provided by private and
public employers. In Not Just Roommates: Cohabitation after the Sexual Revolution (University of Chicago Press ,
2012) I told the story of the origins and development of domestic partner
benefits. Ryan Patrick Murphy, “United Airlines is For Lovers” Flight Attendant
Activism and the Family Values Economy in the 1990s” Radical History Review 111 (Winter, 2012): 100-112, picks up the
story at the end of the 1990s. He frames
the fight for domestic partner benefits in San Francisco in terms of a coalition of flight
attendant labor activists allied with AIDS activists and gay rights
organizations.
In
1997 United Airlines went to court to avoid having to offer domestic partner
benefits to its employees in San
Francisco and elsewhere. They argued that San Francisco ’s domestic partner ordinance violated the
interstate commerce clause because it allowed a municipality to govern commerce
outside of the state of California .
They further claimed that the law violated the airline regulation act because
it forced airlines to raise prices in order to pay for rising mandated labor
costs. After two years of litigation, United Airlines eventually withdrew its
suit, apparently when the company replaced its old CEO. But when they
capitulated, they created an unusual two-tier benefit that promoted marriage
and compensated same-sex couples for the denial of being able to marry. Thus,
United’s same-sex couples received health and pension coverage; unmarried
domestic partners got the right to bereavement leave.