Domestic Partnership
Ten years ago when EQCA was founded, same-gender couples had no protections under California law. Today, couples can register as domestic partners, receiving most of the rights and responsibilities of married couples.
California Law
Couples of the same gender, and opposite-gender couples with one partner who is at least 62 years old, are eligible to register a domestic partnership with California’s Secretary of State. Couples must fill out the appropriate forms and submit the required fees to the Secretary of State in order to receive a certificate of registration. More info>>
California law gives domestic partners many rights and responsibilities also provided to married couples. Some of the major areas covered by the state’s domestic partnership include creating and dissolving registered domestic partnerships, community property and financial obligations, parental rights and responsibilities, public benefits, health care and end of life issues. More info>>
Federal Law and Other States
California registered domestic partners do not receive any of the more than 1,100 rights and benefits married couples receive under federal law. Domestic partners also continue to have less security than married couples when they travel or move outside of California because their relationship is not recognized equally in other states.
Resources
EQCA-Sponsored Legislation
Domestic Partner Registry
- Name Equality Act
SB 102 (Ma, 2007)
Domestic partners can adopt a common family name when they register with the state.
- Equality in Prevention and Services for Domestic Abuse Act
AB 2051 (Cohn, 2006)
Funds education and support services for LGBT victims of domestic violence.
- Domestic Partners Clarifying Amendments
AB 2580 (Goldberg, 2004)
Makes technical changes to the California Domestic Partner Rights and Responsibilities Act.
- Domestic Partner Rights and Responsibilities Act of 2003
AB 205 (Goldberg, 2003)
The rights and responsibilities of registered domestic partners and their families are significantly expanded. More info>>
- Domestic Partnership Limited Rights and Responsibilities
AB 25 (Migden, 2001)
Registered domestic partners receive new rights and benefits. Opposite-gender couples (with one partner older than 62) can register as domestic partners.
- Domestic Partner Registry
AB 26 (Migden, 1999)
Domestic partnership registry is created and termination defined.
Benefits
- Domestic Partners Pension Death Benefits
SB 973 (Kuehl, 2005)
Widowed registered domestic partners receive pension death benefits if their partner was a public employee who retired before Jan. 1, 2005.
- Domestic Partners Public Employees Health Care Benefits
AB 1082 (Laird, 2003)
Definition of domestic partner expands for purposes of the Public Employees Medical and Hospital Care Act (PEMHCA).
- Domestic Partners Intestate Succession
AB 2216 (Keely, 2002)
Widowed domestic partners receive legal recognition in the distribution of the deceased partner's estate and protections if the partner dies without a will.
Taxes
- Fair and Equal Taxation for Surviving Partners Act
SB 559 (Kehoe, 2007)
Reduces property tax increases unfairly levied on some domestic partners.
- Joint Income Tax Filing
SB 105 (Migden, 2007)
Simplifies the joint income tax filing process for registered domestic partners by creating a worksheet to determine taxable income.
- State Income Tax Equity Act of 2006
SB 1827 (Migden, 2006)
Registered domestic partners can file joint or separate state income tax returns similar to married couples.
- California Insurance Equality Act
AB 2208 (Kehoe, 2004)
Domestic partners receive insurance policies and plans with the same coverage as married spouses. More info>>
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