A California domestic partnership is a legal relationship, analogous to marriage, created in 1999 to extend the rights and benefits of marriage to same-sex couples (and opposite-sex couples where both parties were over 62). It was extended to all opposite-sex couples as of January 1, 2016 and by January 1, 2020 to include new votes that updated SB-30 with more benefits and rights to California couples choosing domestic partnership before their wedding. California Governor Newsom signed into law on July 30, 2019.
Domestic partnerships legally afford couples who choose not to marry "the same rights, protections, and benefits, and... the same responsibilities, obligations, and duties under law..." as married spouses.
Enacted in 1999, the domestic partnership registry was the first of its kind in the
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
created by a legislature without court intervention. Initially, domestic partnerships enjoyed very few privileges—principally just hospital-visitation rights and the right to be claimed as a
next of kin
A person's next of kin (NOK) are that person's closest living blood relatives. Some countries, such as the United States, have a legal definition of "next of kin". In other countries, such as the United Kingdom, "next of kin" may have no legal d ...
of the estate of a deceased partner. The
legislature
A legislature is an assembly with the authority to make law
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its p ...
has since expanded the scope of
California
California is a U.S. state, state in the Western United States, located along the West Coast of the United States, Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the List of states and territori ...
domestic partnerships to include all of the rights and responsibilities common to marriage. As such, California
domestic partnership
A domestic partnership is a legal relationship, usually between couples, who live together and share a common domestic life, but are not married (to each other or to anyone else). People in domestic partnerships receive benefits that guarantee r ...
s are functionally equivalent to
civil union
A civil union (also known as a civil partnership) is a legally recognized arrangement similar to marriage, created primarily as a means to provide recognition in law for same-sex couples. Civil unions grant some or all of the rights of marriage ...
s offered in several other states.
Filing an invalid California Declaration of Domestic Partnership is a serious offense and considered a misdemeanor.
Although the program enjoys broad support in California, it has been the source of some controversy. Groups opposed to the recognition of same-sex families have challenged the expansion of domestic partnerships in court. Conversely, advocates of
same-sex marriage
Same-sex marriage, also known as gay marriage, is the marriage of two people of the same Legal sex and gender, sex or gender. marriage between same-sex couples is legally performed and recognized in 33 countries, with the most recent being ...
contend that anything less than full marriage rights extended to same-sex partners is analogous to the "separate but equal" racial laws of the
Jim Crow
The Jim Crow laws were state and local laws enforcing racial segregation in the Southern United States. Other areas of the United States were affected by formal and informal policies of segregation as well, but many states outside the Sout ...
era.
Specifics
California has expanded the scope or modified some of the processes in domestic partnerships in every legislative session since the legislature first created the registry. Consult the
California Secretary of State
The secretary of state of California is the chief clerk of the U.S. state of California, overseeing a department of 500 people. The secretary of state is elected for four year terms, like the state's other constitutional officers; the officeho ...
for the most current information.
Scope
As of 2012, California affords domestic partnerships the same rights and responsibilities as marriages under state law. Among these:
*Making health care decisions for each other in certain circumstances
*Hospital and jail visitation rights that were previously reserved for family members related by blood, adoption or marriage to the sick, injured or incarcerated person.
*Access to family health insurance plans (Cal. Ins. Code §10121.7)
*Spousal insurance policies (auto, life, homeowners etc..), this applies to all forms of insurance through the
California Insurance Equality Act (Cal. Ins. Code §381.5)
*Sick care and similar family leave
*Stepparent adoption procedures
*Presumption that both members of the partnership are the parents of a child born into the partnership
*Suing for wrongful death of a domestic partner
*Rights involving wills, intestate succession, conservatorships and trusts
*The same property tax provisions otherwise available only to married couples (Cal. R&T Code §62p)
*Access to some survivor pension benefits
*Supervision of the
Superior Court of California
Superior courts in California are the state trial courts with general jurisdiction to hear and decide any civil or criminal action which is not specially designated to be heard in some other court or before a governmental agency. As mandated by t ...
over dissolution and nullity proceedings
*The obligation to fil
state tax returns as a married couple (260k)commencing with the 2007 tax year (Cal R&T Code §18521d)
*The right for either partner to take the other partner's surname after registration
*Community property rights and responsibilities previously only available to married spouses
*The right to request partner support (alimony) upon dissolution of the partnership (divorce)
*The same parental rights and responsibilities granted to and imposed upon spouses in a marriage
* The right to claim inheritance rights as a putative partner (equivalent to the rights given to heterosexual couples under the putative spouse doctrine) when one partner believes himself or herself to have entered into a domestic partnership in good faith and is given legal rights as a result of his or her reliance upon this belief.
Differences from marriage
While domestic partners receive all of the benefits of marriage under California state law, federal law does not recognize domestic partnerships. In addition, some countries that recognize same-sex marriages performed in California as valid in their own country (e.g., Israel) do not recognize same-sex domestic partnerships contracted in California.
The use of the word marriage itself constitutes a significant social difference compared to domestic partnership, and in the majority opinion of ''
In re Marriage Cases
''In re Marriage Cases'', 43 Cal. 4th 757 (Cal. 2008) was a California Supreme Court case where the court held that laws treating classes of persons differently based on sexual orientation should be subject to strict judicial scrutiny, and that ...
'', the California Supreme Court agreed, suggesting an analogy with a hypothetical that branded interracial marriages "transracial unions".
A 2010
UCLA
The University of California, Los Angeles (UCLA) is a public land-grant research university in Los Angeles, California. UCLA's academic roots were established in 1881 as a teachers college then known as the southern branch of the California St ...
study published in the journal
Health Affairs
''Health Affairs'' is a monthly peer-reviewed public health journal, healthcare journal established in 1981 by John K. Iglehart; since 2014, the editor-in-chief is Alan Weil. It was described by ''The Washington Post'' as "the bible of health poli ...
suggests various inequities (including "Inequities in marriage laws") might have "implications for who bears the burden of health care costs." That study finds that men in same-sex domestic partnerships in California are only 42% as likely to receive dependent coverage for their partners as their married peers, and that women in same-sex domestic partnerships in California are only 28% as likely to receive that coverage.
Eligibility
Currently, a couple wishing to register as domestic partners in California must meet the following requirements:
# Neither person is married to someone else or is a member of another domestic partnership with someone else that has not been terminated, dissolved, or adjudged a nullity.
# The two persons are not related by blood in a way that would prevent them from being married to each other in this state.
# Both persons are at least 18 years of age, except as provided in Section 297.1.
# Both persons are capable of consenting to the domestic partnership.
If a couple wishes to establish a confidential domestic partnership, both partners are required to share a common residence. There is no longer a common residence requirement for couples wishing to establish a standard (non-confidential) domestic partnership.
Recognition of out-of-state same-sex unions
*A substantially similar legal union lawfully contracted by a same-sex couple in another state or foreign jurisdiction will be recognized as a domestic partnership in California. For example, a domestic partnership in both Nevada and Oregon next door, a
civil union in New Jersey, a
civil union in Hawaii, a
civil union in Colorado, a
civil union in Illinois or a
civil partnership
A civil union (also known as a civil partnership) is a legally recognized arrangement similar to marriage, created primarily as a means to provide recognition in law for same-sex couples. Civil unions grant some or all of the rights of marriage ...
in the United Kingdom would qualify as a domestic partnership in California.
*A substantially weaker legal union contracted by any couple in another state or foreign jurisdiction may ''not'' qualify as a domestic partnership in California. A
domestic partnership in Wisconsin would, in all likelihood, fail to qualify as a domestic partnership in California.
*For opposite-sex couples, a civil union or domestic partnership contracted in another state or foreign jurisdiction will, in all likelihood, be honored as a domestic partnership in California if at least one partner is 62 years of age or older. However, if both partners are under age 62, the union will likely be void and of no legal effect in California. For example, Colorado, Hawaii and Illinois afford all opposite-sex couples over 18 years old the right to establish civil unions, and Nevada allows opposite-sex couples over 18 years old to establish domestic partnerships; such unions in these states are functionally equivalent to marriage. But, California will only recognize these unions if at least one of the opposite-sex partners is 62 years of age or older.
*Same-sex marriages are not recognized as domestic partnerships in California. Prior to June 28, 2013, a two-tiered system of same-sex marriage recognition existed in California:
# A same-sex marriage lawfully performed in another state or foreign jurisdiction on or before November 4, 2008 was fully recognized and legally designated as marriage in California. This also applied to all lawful out-of-state and foreign same-sex marriages performed before California began granting marriage licenses to same-sex couples on June 17, 2008.
# A same-sex marriage lawfully performed in another state or foreign jurisdiction on or after November 5, 2008 was fully ''recognized'' in California, but
Proposition 8
Proposition 8, known informally as Prop 8, was a California ballot proposition and a constitutional amendment, state constitutional amendment intended to ban same-sex marriage; it passed in the California state elections, November 2008, Novem ...
precluded California from ''designating'' these relationships with the word "marriage." These couples were afforded every single one of the legal rights, benefits, and obligations of marriage.
On June 28, 2013, same-sex marriage resumed in California. A law enacted on July 7, 2014 ensures that same-sex marriages lawfully concluded out-of-state after November 4, 2008 are designated as such.
Registration
Domestic partner registration is an uncomplicated process, more simple and less costly than entering into a marriage. Both parties must sign a declaration listing their names and address. Both signatures must be notarized. The declaration must then be transmitted to the Secretary of State along with a $10 filing fee (plus an additional $23 fee for couples under age 62, to help fund LGBT-specific domestic violence training and services). In this regard it is not like a marriage or civil union. Those unions require a ceremony, solemnized by either religious clergy or civil officials, to be deemed valid.
Dissolution
In most cases, a domestic partnership must be dissolved through filing a court action identical to an action for dissolution of marriage. In limited circumstances, however, a filing with the Secretary of State may suffice. This procedure is available when the domestic partnership has not been in force for more than five years. The couple must also meet many other requirements that the dissolution be both simple and uncontested: no children (or current pregnancy) within the relationship, no real estate (including certain leases), and little joint property or debt. The parties must also review materials prepared by the Secretary of State, execute an agreement dividing assets and liability, and waive claims to domestic partner support. Where all the requirements are met, the partnership will terminate six months after the filing, unless either party revokes consent.
Recognition in other jurisdictions
On September 28, 2012, the
Massachusetts Supreme Judicial Court
The Massachusetts Supreme Judicial Court (SJC) is the court of last resort, highest court in the Commonwealth (U.S. state), Commonwealth of Massachusetts. Although the claim is disputed by the Supreme Court of Pennsylvania, the SJC claims the di ...
ruled in that "Because the parties to California
egistered domestic partnershipshave rights and responsibilities identical to those of marriage", it is proper to treat such relationships "as equivalent to marriage" in Massachusetts. The context was a child custody dispute between two women in a California domestic partnership.
States which have civil unions or domestic partnership registries affording substantially similar legal protections generally recognize California domestic partnerships.
Legislative history
Attempts at the municipal level
The term "domestic partnership" was allegedly coined by
Berkeley
Berkeley most often refers to:
*Berkeley, California, a city in the United States
**University of California, Berkeley, a public university in Berkeley, California
* George Berkeley (1685–1753), Anglo-Irish philosopher
Berkeley may also refer ...
municipal employee
Tom Brougham
Tom Brougham (born March 20, 1943) is a Berkeley, California gay rights activist who was the first to suggest a new legal category for recognizing couples other than marriage, and who coined the phrase domestic partnership.
Brougham is a former m ...
in an August 1979 letter, and both he and his partner put forward a proposal for creating this lower tier of legal relationship recognition for employee benefits to the Berkeley City Council and University of California, Berkeley. Their proposal would be adopted by San Francisco Supervisor
Harry Britt
Harry Britt (June 8, 1938 – June 24, 2020) was an American political activist and politician in San Francisco. Britt was involved during the late-1960s in the civil rights movement when he was a Methodist minister in Chicago. He was first appoi ...
.
In 1982, the
San Francisco Board of Supervisors
The San Francisco Board of Supervisors is the legislative body within the government of the City and County of San Francisco.
Government and politics
The City and County of San Francisco is a consolidated city-county, being simultaneously a c ...
passed Britt's measure to extend health insurance coverage to domestic partners of public employees, largely because of the reaction to the early days of
AIDS
Human immunodeficiency virus infection and acquired immunodeficiency syndrome (HIV/AIDS) is a spectrum of conditions caused by infection with the human immunodeficiency virus (HIV), a retrovirus. Following initial infection an individual m ...
, but did not provide for a registry available to the general public. Mayor
Dianne Feinstein
Dianne Goldman Berman Feinstein ( ; born Dianne Emiel Goldman; June 22, 1933) is an American politician who serves as the senior United States senator from California, a seat she has held since 1992. A member of the Democratic Party, she was ...
vetoed the measure. Eventually San Francisco and other communities, such as Berkeley, and some local agencies enacted a similar measure.
In December 1984, Berkeley was the first city to pass a domestic partner policy for city and school district employees after a year of work by the Domestic Partner Task Force chaired by Leland Traiman. Working with the Task Force was Tom Brougham, a Berkeley city employee who coined the term "domestic partner" and created the concept. All other domestic partner policies are patterned after Berkeley's.
In 1985,
West Hollywood
West Hollywood is a city in Los Angeles County, California, United States. Incorporated in 1984, it is home to the Sunset Strip. As of the 2020 United States Census, 2020 U.S. Census, its population was 35,757. It is considered one of the most ...
became the first US city to enact a domestic partnership registry open to all citizens. Eventually other cities, such as
San Francisco
San Francisco (; Spanish language, Spanish for "Francis of Assisi, Saint Francis"), officially the City and County of San Francisco, is the commercial, financial, and cultural center of Northern California. The city proper is the List of Ca ...
, Berkeley, and
Santa Cruz, followed suit.
Despite successes in a handful of localities, supporters of legal recognition same-sex couples could not overcome the limited geographical scope and relatively modest range of programs administered at the county and city level. In the 1990s, they turned their attention to the state legislature.
Early attempts in the state legislature
Mirroring the experience of California's local efforts, the state legislature did not initially succeed in providing health insurance coverage for domestic partners or creating a domestic partner registry for the general public.
* September 1994: Governor
Pete Wilson
Peter Barton Wilson (born August 23, 1933) is an American attorney and politician who served as the 36th governor of California from 1991 to 1999. A member of the Republican Party, he also served as a United States senator from California bet ...
vetoes a bill that would have legalized domestic partnerships in the state.
* Assembly Bill 627 of 1995: In 1995, Assemblymember Richard Katz introduced a bill to create a domestic partner registry, open to both same- and opposite-sex couples. It sought to provide limited rights in medical decision making, conservatorships and a few related matters. It died in committee.
* Murray-Katz Domestic Partnership Act of 1997: At the beginning of the 1997–1998 legislative session Assemblymember Kevin Murray introduced Assembly Bill 54. It was similar to Assembly Bill 627 of 1995. After successfully negotiating two Assembly committees, Murray did not bring the bill to a vote on the Assembly floor.
* Assembly Bill 1059 of 1997: In 1997, Assemblymember
Carole Migden
Carole Migden (born August 14, 1948 in New York City) is an American politician from San Francisco who represented the California's 3rd State Senate district, third district of the California State Senate from 2004 to 2008 and the California's 1 ...
introduced a bill that would require health insurance companies to offer for sale policies that would cover domestic partners of the insured, but did not require employers to provide the coverage. As later amended, it required employers who cover employees’ dependents to cover their domestic partners as well. The amended bill eventually gained approval of the legislature, but Governor
Pete Wilson
Peter Barton Wilson (born August 23, 1933) is an American attorney and politician who served as the 36th governor of California from 1991 to 1999. A member of the Republican Party, he also served as a United States senator from California bet ...
vetoed the measure.
* Domestic Partnership Act of 1999: Kevin Murray, now a state senator, introduced Senate Bill 75 in December 1998. It was largely identical to his Assembly Bill 54 of 1997 and ultimately passed both houses of the state legislature. Governor
Gray Davis
Joseph Graham "Gray" Davis Jr. (born December 26, 1942) is an American attorney and former politician who served as the 37th governor of California from 1999 to 2003. In 2003, only a few months into his second term, Davis was recalled and remov ...
vetoed the bill in favor of Assembly Bill 26, which was narrower in scope.
Establishment and incremental expansion
Assembly Bill 26 of 1999
Simultaneously with the Domestic Partnership Act of 1999, Assemblymember
Carole Migden
Carole Migden (born August 14, 1948 in New York City) is an American politician from San Francisco who represented the California's 3rd State Senate district, third district of the California State Senate from 2004 to 2008 and the California's 1 ...
introduced Assembly Bill 26 of 1999. As originally drafted, it covered all adult couples, like its unsuccessful senate counterpart. Before bringing the bill to the Assembly floor, however, Migden narrowed its scope. Based on objections from Governor
Gray Davis
Joseph Graham "Gray" Davis Jr. (born December 26, 1942) is an American attorney and former politician who served as the 37th governor of California from 1999 to 2003. In 2003, only a few months into his second term, Davis was recalled and remov ...
, who did not want a competing alternative to marriage for opposite-sex couples, Migden eliminated coverage for opposite-sex couples where either participant was less than 62 years of age. The bill passed, and Davis approved it on October 2, 1999. It provided for a public registry, hospital visitation rights, and authorized health insurance coverage for domestic partners of public employees.
While modest in scope, Assembly Bill 26 marked the first time a state legislature created a domestic partnership statute without the intervention of the courts. (Hawaii's legislature enacted a more expansive
reciprocal beneficiaries scheme in 1997 in response to an unfavorable lower court ruling; Vermont enacted a sweeping
civil union
A civil union (also known as a civil partnership) is a legally recognized arrangement similar to marriage, created primarily as a means to provide recognition in law for same-sex couples. Civil unions grant some or all of the rights of marriage ...
bill in 2000 at the direction of its state Supreme Court.)
Assembly Bill 25 of 2001
In the first successful expansion of the domestic partnership act, Assemblymembers
Carole Migden
Carole Migden (born August 14, 1948 in New York City) is an American politician from San Francisco who represented the California's 3rd State Senate district, third district of the California State Senate from 2004 to 2008 and the California's 1 ...
and
Robert Hertzberg
Robert Myles Hertzberg is an American politician who previously served in the California State Senate. A Democratic Party (United States), Democrat he represented the California's 18th State Senate district, 18th Senate District, which includes pa ...
, joined by state Senator
Sheila Kuehl
Sheila James Kuehl (born February 9, 1941) is an American politician and retired actress, and served as the member of the Los Angeles County Board of Supervisors for the 3rd District and as board chair and chair pro tem. Kuehl was California's ...
, introduced a bill that added 18 new rights to the domestic partnership scheme. It also relaxed the requirements for opposite-sex couples, requiring only one of the participants to be over 62 years of age. The expanded rights included standing to sue (for emotional distress or wrongful death), stepparent adoption, a variety of conservatorship rights, the right to make health care decisions for an incapacitated partner, certain rights regarding distribution of a deceased partner's estate, limited taxpayer rights, sick leave to care for partners, and unemployment and disability insurance benefits. Governor
Gray Davis
Joseph Graham "Gray" Davis Jr. (born December 26, 1942) is an American attorney and former politician who served as the 37th governor of California from 1999 to 2003. In 2003, only a few months into his second term, Davis was recalled and remov ...
signed the bill into law on October 22, 2001.
Other bills in the 2001–2002 legislative session
During the 2001–2002 session, California enacted five more bills making minor changes:
* Senate Bill 1049 (
Speier) permitted
San Mateo County
San Mateo County ( ), officially the County of San Mateo, is a county located in the U.S. state of California. As of the 2020 census, the population was 764,442. Redwood City is the county seat, and the third most populated city following Daly ...
to provide survivor benefits to domestic partners.
* Assembly Bill 2216 (
Keeley) provided for
intestate succession
Intestacy is the condition of the estate of a person who dies without having in force a valid will or other binding declaration. Alternatively this may also apply where a will or declaration has been made, but only applies to part of the estat ...
.
* Assembly Bill 2777 (
Nation
A nation is a community of people formed on the basis of a combination of shared features such as language, history, ethnicity, culture and/or society. A nation is thus the collective identity of a group of people understood as defined by those ...
) authorized
Los Angeles
Los Angeles ( ; es, Los Ángeles, link=no , ), often referred to by its initials L.A., is the largest city in the state of California and the second most populous city in the United States after New York City, as well as one of the world' ...
,
Santa Barbara and
Marin
Marin (French) or Marín (Spanish "sailor") may refer to:
People
* Marin (name), including a list of persons with the given name or surname
* MaRin, in-game name of professional South Korean ''League of Legends'' player Jang Gyeong-hwan (born 19 ...
counties to provide survivor benefits to domestic partners.
* Senate Bill 1575 (Sher) exempts domestic partners from certain provisions voiding wills that they helped draft.
* Senate Bill 1661 (
Kuehl) extends temporary disability benefits to workers to take time off to care for a family member.
Wholesale expansion
The introduction of The California Domestic Partner Rights and Responsibilities Act of 2003 (or Assembly Bill 205 of 2003) marked a major shift in the legislature's approach to domestic partnerships. Earlier efforts afforded domestic partners only certain enumerated rights, which the legislature expanded in piecemeal fashion. This bill, introduced by Assemblymembers
Jackie Goldberg
Jacqueline "Jackie" Goldberg (born November 18, 1944) is an American politician and teacher serving as a member of the Los Angeles Unified School District Board of Education for the 5th district.
Early life and education
Goldberg was born in th ...
,
Christine Kehoe
Christine T. Kehoe (born October 3, 1950) is an American politician from San Diego, California. A Democrat, she served from 2004 to 2012 as a member of the California State Senate, representing the 39th district. She was previously a member of ...
,
Paul Koretz
Paul Koretz (born April 3, 1955) is an American politician, who served as a member of the Los Angeles City Council for the 5th district from 2009 to 2022. He was previously a member of the California State Assembly and the West Hollywood City Cou ...
,
John Laird, and
Mark Leno
Mark Leno (born September 24, 1951) is an American politician who served in the California State Senate until November 2016. A Democrat, he represented the 11th Senate district, which includes San Francisco and portions of San Mateo County. Bef ...
, created the presumption that domestic partners were to have all of the rights and responsibilities afforded spouses under state law.
The bill did carve out certain exceptions to this premise, principally involving the creation and dissolution of domestic partnerships and certain tax issues. It also, for the first time, recognized similar relationships, such as
civil union
A civil union (also known as a civil partnership) is a legally recognized arrangement similar to marriage, created primarily as a means to provide recognition in law for same-sex couples. Civil unions grant some or all of the rights of marriage ...
s, created in other states.
Because the legislation dramatically changed the circumstances of existing domestic partnerships, the legislature directed the
Secretary of State to inform all previously registered domestic partnerships of the changes and delayed the effect of the law for an additional year, until January 1, 2005.
Governor
Gray Davis
Joseph Graham "Gray" Davis Jr. (born December 26, 1942) is an American attorney and former politician who served as the 37th governor of California from 1999 to 2003. In 2003, only a few months into his second term, Davis was recalled and remov ...
signed the bill into law on September 19, 2003.
Subsequent changes and clarifications
Since enacting The California Domestic Partner Rights and Responsibilities Act of 2003, the legislature has passed several bills aimed at clarifying how certain spousal provisions should be treated in the context of domestic partnerships and made some modest changes. This subsequent legislation includes:
* Assembly Bill 2208 of 2004 (
Kehoe) clarifies that health and disability-insurance providers must treat domestic partners the same as married spouses.
* Senate Bill 565 of 2005 (
Migden) allows transfer of property between domestic partners without reassessment for tax purposes.
* Senate Bill 973 of 2005 (
Kuehl) specifies that domestic partners of state workers are entitled to retroactive pension benefits, even if the worker entered retirement before the enactment of Assembly Bill 205.
*
Senate Bill 1827 of 2006 (
Migden) requires domestic partners to file state income-tax returns under the same status as married couples (jointly or married filing separately), effective in the 2007 tax year.
* Assembly Bill 2051 of 2006 (Cohn) creates programs and funding grants to reduce domestic violence in the
LGBT
' is an initialism that stands for lesbian, gay, bisexual, and transgender. In use since the 1990s, the initialism, as well as some of its common variants, functions as an umbrella term for sexuality and gender identity.
The LGBT term is a ...
community and increases the fee for registering a domestic partnership by $23 to fund these services. The new fees are effective January 1, 2007.
* Assembly Bill 102 of 2007 (
Ma) allows parties to a registered domestic partnership to legally change their name to include the last name of their partner.
* Assembly Bill 2055 of 2010 (
De La Torre) extends unemployment benefits to same-sex couples planning to enter into a domestic partnership if one of the partners loses his or her job.
* Senate Bill 651 of 2011 (
Leno) harmonizes domestic partnership eligibility requirements with those of marriage, which includes the option of establishing a confidential domestic partnership.
* Senate Bill 757 of 2011 (
Lieu) requires out-of-state insurance providers selling their products in California to provide the same coverage to domestic partners as they do to married couples.
Expansion to include opposite-sex couples of any age
As of January 1, 2020, Senate Bill 30 of 2019 (
Wiener) removes the requirement that persons be of the same sex or of the opposite sex and over 62 years of age in order to enter into a domestic partnership, allowing all opposite-sex couples to enter domestic partnerships as an alternative to marriage. According to the author of the bill, Scott Wiener, "Senate Bill 30 expands Californians' options to enter into legally protected relationships. In modern life, people make all sorts of relationship choices reflecting their values,
commitments, and long-term plans. SB 30 removes discriminatory barriers for couples who wish to become domestic partners and recognizes and respects their relationship choices.
Not everyone in California wants to be married, but many do want their relationships and families to be recognized and have legal protections. This bill enables people's freedom
to make choices about their own relationships."
Public opinion
California public opinion has long supported legal protections for same-sex couples. In early 1997, two and half years before any statewide recognition occurred, polls showed two-thirds of Californians supported the limited provisions in unsuccessful bills debated in the legislature at the time. There was also strong support (59 percent) for broader provisions (pension, health, leave and survivor benefits) that weren't enacted until more than four years later.
Polls consistently show a marked contrast between support for domestic partnerships and
same-sex marriage
Same-sex marriage, also known as gay marriage, is the marriage of two people of the same Legal sex and gender, sex or gender. marriage between same-sex couples is legally performed and recognized in 33 countries, with the most recent being ...
. In 1997, roughly 38 percent of Californians supported same-sex marriage. More polls show an increase in support for same-sex marriage, but few polls suggest that there is any more support for same-sex marriage than a statistical tie with opponents. On November 4, 2008, Californians voted, 52.2% to 47.8%, to eliminate the right of same sex couples to marry. However, a recent 2012 poll showed vast increase in support of same sex marriage with 59% of Californians supporting same sex marriage and 80% supporting legal recognition of same sex couples. The 2012 poll found for the first time a majority support for same-sex marriage when non-marriage domestic partnerships were presented as an option.
Challenges to domestic partnerships
Despite broad support, California's domestic partnership program has engendered opposition.
Referendum
California law provides for
referendum
A referendum (plural: referendums or less commonly referenda) is a direct vote by the electorate on a proposal, law, or political issue. This is in contrast to an issue being voted on by a representative. This may result in the adoption of a ...
s, petition drives that would place any legislative enactment on the ballot for review. Following the passage of The California Domestic Partner Rights and Responsibilities Act of 2003, state senator
William "Pete" Knight (author of the successful
Proposition 22 initiative) and Assemblymember
Ray Haynes
Raymond Neal Haynes, Jr. (born August 26, 1954) is an American politician and member of the Republican Party from the state of California.
Early and personal life
Born in Merced, California, Haynes graduated from University of Southern Califo ...
sought to put the new legislation to a popular vote. The referendum failed to qualify for the ballot.
Litigation
Opponents of legal recognition for same-sex couples filed two lawsuits in the
Superior Court of California
Superior courts in California are the state trial courts with general jurisdiction to hear and decide any civil or criminal action which is not specially designated to be heard in some other court or before a governmental agency. As mandated by t ...
. In the first case, state senator William "Pete" Knight sued Governor
Gray Davis
Joseph Graham "Gray" Davis Jr. (born December 26, 1942) is an American attorney and former politician who served as the 37th governor of California from 1999 to 2003. In 2003, only a few months into his second term, Davis was recalled and remov ...
(later substituting Governor
Arnold Schwarzenegger
Arnold Alois Schwarzenegger (born July 30, 1947) is an Austrian and American actor, film producer, businessman, retired professional bodybuilder and politician who served as the 38th governor of California between 2003 and 2011. ''Time'' ...
) on the grounds that A.B. 205 impermissibly amended Proposition 22, which Knight authored. Randy Thomasson (an opponent of gay rights and head of the Campaign for California Families) filed a similar lawsuit, which challenged both A.B. 205 and the earlier domestic-partner expansion in A.B. 25. Both lawsuits, consolidated into a single action, failed at the trial and appellate courts. In the wake of those decisions, opponents of legal recognition for LGBT families launched at least two recall efforts against Judge Loren McMaster, who presided over the trial-court hearings. The recall efforts also failed.
Along similar legal lines, defendants in a
wrongful-death action brought by the survivor of a domestic partnership mounted a defense based partly on the ground that the legislative enactments giving a domestic partner standing to sue for wrongful death ran afoul of Proposition 22 (among other defenses). That defense failed on appeal.
Proponents of same-sex marriage, including the City and County of
San Francisco
San Francisco (; Spanish language, Spanish for "Francis of Assisi, Saint Francis"), officially the City and County of San Francisco, is the commercial, financial, and cultural center of Northern California. The city proper is the List of Ca ...
, have challenged the state's opposite-sex marriage requirements on constitutional grounds. In pursuing these claims, the plaintiffs argue that even the broad protections of California's domestic partnership scheme constitute a "separate but unequal" discriminatory framework. In May 2008, the
Supreme Court of California
The Supreme Court of California is the highest and final court of appeals in the courts of the U.S. state of California. It is headquartered in San Francisco at the Earl Warren Building, but it regularly holds sessions in Los Angeles and Sacra ...
ruled in their favor in ''
In re Marriage Cases
''In re Marriage Cases'', 43 Cal. 4th 757 (Cal. 2008) was a California Supreme Court case where the court held that laws treating classes of persons differently based on sexual orientation should be subject to strict judicial scrutiny, and that ...
'', overruling Proposition 22 and effectively legalizing same-sex marriage in California.
Constitutional amendments
Immediately following the passage of The California Domestic Partner Rights and Responsibilities Act of 2003, a petition drive began to amend the
California Constitution
The Constitution of California ( es, Constitución de California) is the primary organizing law for the U.S. state of California, describing the duties, powers, structures and functions of the government of California. California's original co ...
to forbid any recognition—including domestic partnerships—of
LBGT
' is an initialism that stands for lesbian, gay, bisexual, and transgender. In use since the 1990s, the initialism, as well as some of its common variants, functions as an umbrella term for sexuality and gender identity.
The LGBT term is ...
relationships. The measure failed to qualify for the ballot.
For a month in early 2004,
San Francisco issued marriage licenses to same-sex couples. The Supreme Court of California halted that process and later declared the marriages void. Regardless, four separate groups began petition drives to amend the California Constitution to prevent same-sex marriage and repeal domestic-partnership rights. The renewed efforts peaked in 2005, but have continued since. These groups have filed a total of 20 petitions, but none of the proposed amendments has qualified for the ballot.
In 2008, two of these groups moved to qualify
ballot initiative
In political science, an initiative (also known as a popular initiative or citizens' initiative) is a means by which a petition signed by a certain number of registered voters can force a government to choose either to enact a law or hold a pu ...
s to
amend the
California Constitution
The Constitution of California ( es, Constitución de California) is the primary organizing law for the U.S. state of California, describing the duties, powers, structures and functions of the government of California. California's original co ...
on the November 2008 ballot. One qualified as
Proposition 8
Proposition 8, known informally as Prop 8, was a California ballot proposition and a constitutional amendment, state constitutional amendment intended to ban same-sex marriage; it passed in the California state elections, November 2008, Novem ...
. The amendment eliminates the right of same-sex couples to marry, but does not repeal any rights granted to domestic partnerships and registration for domestic partnerships remains legal in California. In late 2008, Proposition 8 was passed by the voters, in 2009, the legality of Proposition 8 was upheld by the California Supreme Court in ''
Strauss v. Horton'' holding that same-sex couples have all the rights of heterosexual couples, except the right to the "designation" of marriage and that such a holding does not violate California's privacy, equal protection, or due process laws; the ''In re Marriage Cases'' still apply. Proposition 8 then was challenged in federal court on August 4, 2010 in the ''
Perry v. Schwarzenegger
Perry, also known as pear cider, is an alcoholic beverage made from fermented pears, traditionally the perry pear. It has been common for centuries in England, particularly in Gloucestershire, Herefordshire, and Worcestershire. It is also mad ...
'' trial, as it was found to have violated the Due Process and Equal Protection Clauses of the 14th Amendment of the Federal Constitution.
Internal Revenue Service Ruling
In late May 2010, the
Internal Revenue Service
The Internal Revenue Service (IRS) is the revenue service for the United States federal government, which is responsible for collecting U.S. federal taxes and administering the Internal Revenue Code, the main body of the federal statutory ta ...
reversed a 2006 ruling, and declared that, with respect to
community property, domestic partners in California must be treated the same as heterosexual couples due to a change to the California community property tax law in 2007. The IRS ruled the approximately 58,000 couples who are registered as domestic partners in California must combine their income for
federal tax purposes, and then each report half of the total income and half of the total withholdings on their separate
tax returns
A tax return is the completion of documentation that calculates an entity or individual's income earned and the amount of taxes to be paid to the government or government organizations or, potentially, back to the taxpayer.
Taxation is one of ...
. If one of the partners makes significantly more than the other, the net result is a lower tax obligation for the couple.
In December 2010, the Internal Revenue Service issued a revised edition of its Publication 555
Community Property explicitly applying this ruling to registered domestic partners in
Nevada
Nevada ( ; ) is a U.S. state, state in the Western United States, Western region of the United States. It is bordered by Oregon to the northwest, Idaho to the northeast, California to the west, Arizona to the southeast, and Utah to the east. N ...
as well, the other community property states with such registries, as well as, in California, both registered domestic partners and same-sex couples recognized by the state as married.
References
External links
Domestic Partners Registry Information from the California Secretary of State. Includes downloadable forms.
Information on how to change your name with the California Department of Motor Vehicles.
California Family Code California Family Code on Domestic Partnerships.
Fact sheet on the rights and responsibilities of California domestic partnersb
Equality Californiaand th
National Center for Lesbian RightsNational Center for Lesbian Rights Information about the legal rights of lesbian, gay, bisexual, and transgender people and their families, including a legal information hotline.
California Franchise Tax Board Registered Domestic Partner SiteCalifornia Franchise Tax Board Publication 737 Tax Information for Registered Domestic Partners (260k)
{{DEFAULTSORT:Domestic Partnership In California
California
California is a U.S. state, state in the Western United States, located along the West Coast of the United States, Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the List of states and territori ...
LGBT rights in California