They were as good as married, as far as they were concerned.

Which means Mashburn isn't eligible for the pension that ordinarily would go to the spouse of a slain police officer, the chairman of the police pension board said.

Marrero's death at the hands of a bank robbery suspect has reignited a simmering debate over domestic-partnership benefits.

Private companies, and even some government agencies, have offered benefits to domestic partners for years. But the state of Florida does not and neither does the city of Tampa.

Only Vermont legally recognizes the civil unions between people of the same sex. About 35 states have enacted Defense of Marriage Act laws restricting marriage to non-gay couples. Nevada and Nebraska have gone a step further and banned the recognition of civil unions.

Police Chief Bennie Holder presented a flag to Mashburn at Marrero's funeral last week as if she were a grieving spouse. But there is nothing Holder can do about the pension.

At least one lawmaker is considering legislation to make Mashburn eligible for the pension, and Mashburn herself has hired an attorney to research the issue.

"This unfortunate situation is futher evidence of the inequities gay and lesbian families face every day," said Kim I. Mills, education director for the Human Rights Campaign, or HRC. "The laws need to be changed."

Pension Officials Claim Law Ties Their Hands

"It is a sad situation," said police Detective Tom Singleton, chairman of the city police and fire pension fund. "I am sure some activist groups feel it is discriminatory, but it goes toward the legal definition of a spouse."

While their sexual orientation prevents gay and lesbian couples from legally marrying in Florida, a man and a woman living together outside of marriage are not eligible for police pensions in Tampa either, Singleton said.

A surviving spouse receives 50 percent of a Tampa police officer's pay for life. Surviving children get up to 15 percent.

"I told Mickie it is not a same-sex partner thing. It is just how the law reads," Singleton said. "She understands. She is not bitter."

Mashburn, a police detective, hired lawyer Danny Castillo this week to field phone calls and assess a course of action. He plans to research the benefit issue once the shock of Marrero's death subsides.

"Just because state law doesn't recognize her doesn't mean there isn't any avenue for dealing with it," Castillo said. "We are going to do whatever is necessary to make sure she gets what she's entitled to."

Castillo said Mashburn, 48, needs time to mourn before focusing on the pension.

"We are just exploring everything. Nothing is a sacred cow," he said. "Who is to say the law can't be changed?"

Changing the rules requires the police and fire unions to expand the definition of a spouse in their contracts. Union members would have to approve the change, and the Legislature must approve it.

Lawmakers could seek benefits for Mashburn because her partner was killed in the line of duty. State Rep. Bob Henriquez, D-Tampa, said Thursday his office has made some inquiries, but he needs more information about options.

"Politically, it is a very sticky situation," Henriquez said. "You want to be compassionate, but you don't want to treat this situation differently just because she was a police officer. There are some equity questions."

Bills establishing domestic partnerships were introduced in the Florida Legislature in 1999 and 2000 but died in committee. Henriquez said a tragedy like Marrero's death could make a difference next time.

Nadine Smith, executive director of Equality Florida, said her group hopes a domestic-partnership bill will be introduced again next year. It is unfortunate Marrero's benefits are even up for debate, she said.

"This is the last thing that a lot of people want to think about right now," she said. "This makes the healing process more difficult because these issues are unresolved."

Smith remained hopeful for Mashburn. "What I am hearing is that there is a lot of internal pressure from other police officers who want to do right by their colleague," she said.

Marrero listed her mother, Maria Marrero, as the beneficiary of a $50,000 life insurance policy and a $75,000 accidental death policy for officers killed in the line of duty, said Sarah Lang, Tampa's director of administration. The money Marrero contributed to her pension, estimated at $50,000, goes to her estate.

Tampa City Council member Bob Buckhorn said he believes the majority of police officers and city officials want Mashburn to receive a pension. "This is the first time we have had to deal with this, and we are still in a state of shock," he said. "It is a much bigger issue than this one tragic incident."

© St. Petersburg Times. All rights reserved.