Pawtucket Hall of Fame Names Nesselbush As “Person of the Year”

Published in Pawtucket Times, September 27, 2014

Three City residents, Joan Crawley, former Director of the Pawtucket Leon Mathieu Senior Center, the late Kathleen Magill, a former Pawtucket City Councilor, and Miriam R. Plitt, President of the City’s Commission on Arts & Culture, will be inducted next month into the Pawtucket Hall of Fame. Philanthropist Elizabeth Higginson Weeden is this year’s historical inductee. All have made a significant impact on the City of Pawtucket.

Pawtucket dignitaries will induct this year’s Class of 2014 into the City’s most venerable institution, the Pawtucket Hall of Fame, at the upcoming 23rd annual dinner and induction ceremony. The Pawtucket Hall of Fame was founded in 1986 to commemorate the 100th anniversary of the founding of the City of Pawtucket.

Interestingly, this year there will be a new twist in the Hall of Fame in that the induction committee has created a new category of inductee: the Pawtucket Person of the Year! “We’re excited about our new “Person of the Year” Award being given this year,” says Chair Ken McGill, noting that this prestigious accolade honors a person who has made a unique and superlative accomplishment that significantly benefits the entire City.

“Senator Donna Nesselbush will receive the distinct honor of being the first person ever to receive this recognition,” said McGill, who also serves as Pawtucket’s Registrar in the Board of Canvassers. McGill added, the Pawtucket Senator successfully advocated for civil rights for all Rhode Islanders when she championed the Senate Marriage Equality bill. This historic legislative proposal was passed (along with the House companion measure) and signed into law by Governor Lincoln Chaffee.

Over the years, Nesselbush also worked to help victims of domestic violence, the homeless, the injured and the disabled. “Nesselbush’s creative leadership and tenacious hard work played a vital role in the historic passage of marriage equality, successfully ending centuries of discrimination; this made her the obvious choice by the Committee to be Pawtucket’s first “Person of the Year” said McGill.

Senate President M. Teresa Paiva Weed, notes “she has sponsored many important pieces of legislation, specifically bills to help homeowners avoid foreclosure, protect victims of crime, and to protect workers from exploitation. “I can think of no one more deserving of the recognition of being named to the Pawtucket Hall of Fame. It is my good fortune to call her a friend,” says Paiva Weed.

Pawtucket Mayor Donald R. Grebien agrees with both McGill and Paiva Weed about the selection of Nesselbush. “They couldn’t have gotten it more right, he said, noting that she is “one of our city’s strongest leaders.”
Making a Difference in the Community

Nesselbush’s long list of professional and personal accomplishments caught the attention of the Pawtucket Hall of Fame Committee. The 52-year old Pawtucket resident is a founding partner of the law firm of Marasco & Nesselbush, serving the injured and disabled. As an attorney, she has represented hundreds of Social Security Disability claimants at all levels of review before the Social Security Administration, the Office of Disability Adjudication and Review, the Appeals Council, the United States District Court, and the United States Court of Appeals.

Nesselbush, a graduate of Brown University and Suffolk University School of Law, now serves as Chief Judge of the Pawtucket Municipal Court and Vice-President of the Municipal Court Judges’ Association. She is the founder and Chair of the Rhode Island Bar Association’s Social Security Disability Committee.

In the past, the two term Senator has been honored for her work by numerous organizations. Most recently, in May of 2014 she received the distinguished Ada Sawyer Award from the Rhode Island Women’s Bar Association. She has also received Appreciation Awards from Crossroads Rhode Island and the Rhode Island Coalition for the Homeless. At Brown University she received the Sarah Doyle Prize “for making a significant contribution to women on campus and in the community,” and at Suffolk she received the Leo J. Wyman Award.

Bringing Marriage Equity to the Ocean State

With all of Nesselbush’s accomplishments, the Pawtucket Hall of Fame Committee zeroed in on her successful efforts to provide all Rhode Islander’s the right to marry the person they love.

Nesselbush had observed and participated in the intensely public (and simultaneously personal) debate on marriage equality over the years. Last year’s legislative policy debate put real faces to this religiously-charged issue, she said, noting that it was personal, political and professional all at the same time in that, as a judge, she was qualified to officiate at marriages, but as a person, she was not allowed to marry the woman of her dreams.

Nesselbush mentions a significant change in the times and in social mores, noting that as the debate raged, everyone seemed to know someone who is gay, and her lobbying conversations almost always began or ended with, “yes, I know ‘so and so’ who is gay; s/he’s great and has a great partner.”

Changing Rhode Island’s law to allow gay and lesbian couples to marry took a long time, a broad coalition in support, and an openly gay Speaker of the House, says Nesselbush, referencing former House Speaker Gordon Fox. The Pawtucket Senator added, “victory has many parents, and I was indeed honored to advocate for the issue alongside many outstanding grassroots organizations, like Rhode Islanders United for Marriage, and many local church and business groups and some of the state’s top political brass.

For almost 20 years, state lawmakers had grappled with the religiously charged issue of same-sex marriage. Throughout the years, Nesselbush attended many of the legislative hearings in support of same-sex marriage, only to see bills inevitably “held for further study.” Once she became a Senator, she clearly understood that this legislative code phrase often means the legislative proposal is…dead.

In 2010, as a newly elected Senator, Nesselbush was learning the legislative procedural ropes. Knowing that she was both new and walking a tight rope, she learned the fine art of vote counting. She scrambled to count votes only to realize that marriage equality would not in that year even get out of the House. Rather, the House passed a watered down, “skim milk” (in the words of Supreme Court Justice Ruth Bader Ginsberg) version entitled Civil Unions. Nesselbush voted against the Civil Unions bill, noting that she and Rhode Island’s LGBTQ community would not accept second class status. Though she acknowledged that Civil Unions bestowed some needed rights, she wanted to “take the high road,” voting against this less than desirable and often vilified vehicle. She wanted to stand for the proposition that separate is never equal; gay and lesbian couples deserve full marriage equality.”

Although the marriage equality bill was stymied in 2010, three years later Nesselbush was in the perfect position to champion the Senate bill; she was openly gay and no longer a rookie. She was determined to honor former Senator Rhoda Perry who carried this torch in the Senate for over 15 years, changing hearts and minds but falling short of getting the bill passed. Upon Perry’s retirement, Senator Sue Sosnowski of South Kingston, a long time civil rights advocate, was next in line to sponsor the marriage equality legislation. Nesselbush notes Sosnowski’s “generosity of spirit,” as she willingly stepped aside to allow the only openly gay Senator to “take the lead.” Nesselbush gives thanks and credit to Senate Majority Whip, Maryellen Goodwin, of the City for helping to massage the Senate’s customary seniority system, allowing Nesselbush to become the lead Senate sponsor.

The Senate Judiciary Committee voted 7-4 to pass Nesselbush’s same sex marriage bill along with the House companion measure. Both measures were passed by the Senate, and by the House in concurrence, and Governor Lincoln Chaffee put his pen to paper, signing the historic measure into law on May 3, 2013.

Bowing to the powerful Catholic lobby, the General Assembly leadership put language in the House and Senate bills reiterating the constitutionally guaranteed freedom for religious institutions to set their own guidelines for marriage eligibility within their faith, stipulating that under no circumstances will clergy or others authorized to perform marriages be obligated by law to officiate at a same sex marriage.

Through Nesselebush’s leadership, Rhode Island joined its New England neighbors, becoming the 10th state in the nation to enact marriage equality. Today, a total of 19 states and the District of Columbia have enacted marriage equality, and Nesselbush “predicts that the remaining ‘house of cards’ will fall quickly as ‘marriage equality fever’ spreads through the entire nation.”

The Pawtucket Hall of Fame 23rd Annual Dinner and Induction Ceremony is scheduled for October 28, 2014 at 7:00 p.m. (pre-induction reception at 6:00 p.m.) at the Le Foyer Club, 151 Fountain Street, Pawtucket. To purchase tickets, contact Ken McGill at 401 728-0500, Ext. 283.

Herb Weiss, LRI ’12, is a Pawtucket-based freelance writer covering, aging, health care and medical issues. He is a member of the Pawtucket Hall of Fame Committee and can be reached at hweissri@aol.com.

Sen. Nesselbush’s Big Legislative Adventure

Published in the Pawtucket Times, April 26, 2013 

            As a young student at BrownUniversity in the early 80s, Donna Nesselbush discovered she was a lesbian.  However, it never occurred to this College coed that 30 years later, she would be a Rhode Island Senator fighting “tooth and nail” for marriage equality, and issue she calls “the greatest civil rights issue of our time.”  Nesselbush has advocated for marriage equality alongside many local businesses and some of the state’s top political officials, in addition to Rhode Islanders United for Marriage, as well as some Catholics, too, hoping to change Rhode Island’s marriage law to allow gay and lesbian couples to marry.  

             Throughout the legislative session Rev. Thomas J. Tobin, Bishop of the Roman Catholic Diocese of Providence, issued statements calling on Rhode Island lawmakers to stand firm against changing the traditional definition of the word, “marriage.”  Before the Senate Judiciary vote, he urged them to “stand strong in resisting this immoral and unnecessary proposition” and to “defend marriage and family as traditionally defined.”   Throughout the legislative debate the National Organization for Marriage Rhode Island, would also stand by the side of the Catholic Church calling for the rejection of the same-sex marriage legislative proposals being considered by the Rhode Island General Assembly.  

 A Long-time Waiting

              For almost 20 years, state lawmakers had grappled with the religiously charged issue of same-sex marriage.  Nesselbush attended many of the legislative hearings to testify in support of allowing same-sex marriage, and other times just to watch, only to see bills “held for further study.”  As a Senator, Nesselbush now clearly understands that legislative code phrase to mean the bill is being “put out to legislative pasture,” or killed, she says.

             During last year’s legislative session, Nesselbush watched as the House, eyed the conservatively-leaning Senate. House pragmatists pushed Speaker Gordon Fox to endorse civil union legislation rather than push for full-marriage equality. Much to the dismay of Fox, the first openly gay Speaker of the House, his members exhorted “Why ask House members to make a difficult vote if the Senate was all but certain to take no action?”

              “The House chamber came to a very pragmatic, political and painful conclusion that passing the civil union bill was better than nothing,” said the Pawtucket senator.

             In 2010, being a new Senator, Nesselbush learned the legislative procedural ropes, and more importantly the fine art of vote counting in order to walk a political tight rope.  She scrambled to count votes to ensure that the civil unions legislation would pass in order to extend much needed rights to gay people, but she wanted to “take the high road,” voting against this less than desirable vehicle, “and standing for the proposition that separate is never equal; gay and lesbian couples deserve full marriage equality,” said Nesselbush.

 Taking the Torch

             Although the marriage equity bill was ultimately shot down in 2010, in 2013 Nesselbush was asked to carry the torch from former Senator Rhoda Perry to champion Senate passage of a marriage equality bill.  For over 15 years the former Providence Senator, advocating many liberal causes, had pushed for passage without success. Senator Sue Sosnowski of South Kingston, a long time civil rights advocate, the second co-sponsor on the marriage equality legislation, stepped aside and asked Nesselbush, the only openly gay Senator, to take the lead.  Senate Majority Whip, Maryellen Goodwin, of Providence, helped massage the customary seniority system to give Nesselbush the thumbs up to become the lead sponsor. “I’m forever grateful to Senators Goodwin and Sosnowski for entrusting me with this important civil rights legislation.

 Legislative History in the Making   

             Last Tuesday, the Senate Judiciary Committee on a 7-4 vote passed Nesselbush’s same sex marriage bill along with the House companion measure (H 5015B).  The legislative proposal, which would take effect Aug.1, removes gender-specific language from the section of the general laws that governs eligibility for marriage.  It inserts language that allows any person to marry any other person.

 

            Furthermore, it contains a provision that allows couples who have entered into civil unions in Rhode Island since they were established in July 2011, to convert those unions into marriages by applying to the clerk in the municipality where it was recorded to have it recorded as a marriage, without having to apply for anything else or pay a fee.  If they would prefer, they would be eligible to apply for a marriage license and have the marriage solemnized.

             Bowing to the powerful Catholic lobby, the bill contains language reiterating the constitutionally guaranteed freedom for religious institutions to set their own guidelines for marriage eligibility within their faith, and stipulates that under no circumstances will clergy or others authorized to perform marriages be obligated by law to officiate at any particular civil marriage or religious rite of marriage.

             One day after the vote of the Senate Judiciary Committee, the full Senate passed the marriage equality bills on Wednesday, April 24, 2013.  Both bills, because they were amended by the Senate, still have to clear an additional House vote before they can be sent to the governor. The full House vote is tentatively scheduled for Thursday, May 2, following a likely Judiciary Committee vote on Tuesday. 

             When Governor Lincoln D. Chafee signs the same-sex marriage bills into law, Rhode Island joins its New England neighbors and becomes the 10th state in the nation to enact marriage equality.  Nesselbush says, “I have never been prouder to be a Senator, and I have never been prouder of the full Senate Chamber.”

             The intensely public debate on the marriage equity issue has put real faces to this religiously-charged issue, notes Nesselbush. Now, it seems that “everyone knows someone who is gay, and the conversation now almost always begins or ends with, “yes, I know, so and so, who is gay and has a great partner.” 

 

Personal Journey

             Looking back, Nesselbush remembers her devote Catholic parents giving her a strong religious upbringing, as well as this religious tradition being reinforced at Our Lady of the Sacred Heart, the school she attended for eight years.

             But her strong religious faith would be tested during her undergraduate years at Brown when she came out and accepted that she was gay.  “To thine own self be true; you cannot change innately who you are.”

             “My sexuality was the single biggest reason I did not return to my family in Buffalo, New York after graduating from BrownUniversity,” says Nesselbush.  Like many others, Nesselbush would choose not to share this realization upon first meeting people, but only when a friendship “reached a depth” of  honesty and respect.

                   Accepting her sexual orientation but afraid back then of her family’s reaction, Nesselbush decided not to return to her very Catholic family in New YorkState.  She quietly left her the Catholic Church of her childhood because of its position on the gay issue.  “I love my church too much to cause it or my family any shame or pain,” she said.

             While not regularly attending Catholic Church services, her religious upbringing and Catholic education “set the foundation of my life and the standard for service to others,” admits Nesselbush, noting that “Catholicism simply imbues my bones and runs in my blood.” I am still a very religious person who believes strongly in the love of God and the power of prayer; Christ is still central to my life.”

             According to Nesselbush, her parents and 3 siblings, her extended family and classmates, friends, and “even my Portuguese friends who immigrated to the OceanState from the old country,” have all found  ways to love and accept her, even though the “gay” concept was initially very foreign to them. “Today, says Nesselbush, it’s not even an issue.”

 Finding the One…

              Nesselbush also serves as the Chief Judge of the City of Pawtucket and is a partner at the law firm of Marasco & Nesselbush.  Her life partner, Kelly Carse, 53, is a coach at CrossFit Providence. They have been a couple since 2011 when various mutual friends  became matchmakers knowing that Nesselbush and Carse were single.. With their first meeting, the attraction was both mutual and instantaneous,” quipped the Pawtucket Senator.  “She was cute, funny, philanthropic, high minded, and well travelled. I loved that she had served in the Peace Corps, and she corrected my African geography on the first date!,” noted Nesselbush.

             Nesselbush has always viewed Smith Hill’s denial of same sex marriage as discrimination, enforced by legal statute  As a Municipal Court judge, she always found it oddly ironic that she was somehow qualified to officiate wedding ceremonies (which she loves to do) but she was somehow not herself qualified to marry. “Yesterday, all that changed.”

             “The love between two people is often palpable and never stronger than the moment the two are committing their lives to one another [through marriage].  With the passage of the Senate’s same-sex marriage legislation, both Nesselbush and Carse will now be able to experience this, too, like many heterosexual couples. 

             Herb Weiss, LRI ’12, is a Pawtucket-based freelance writer covering, aging, health care and medical issues.  He can be reached at hweissri@aol.com.