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LEGAL NOTIONS DOMESTIC PARTNERSHIPS In January of this year, a set of laws which provide registered domestic partners with many of the state-conferred rights given to married spouses, as well as with many of the legal duties imposed upon married spouses, took effect in the State of California. Given all of the media attention to same-sex unions, most people are surprised to learn that the right to become registered domestic partners is not just for same-sex couples. Presently, the right for unmarried opposite-sex couples to become registered domestic partners under the California legislation is available only for opposite-sex couples over the age of 62. In short, the California legislature has provided certain opposite sex couples with the right to become registered domestic partners because of adverse economic consequences (all relating to Social Security benefits and entitlements) that may arise and affect them if they were married instead. In addition to meeting the eligibility requirements for what are referred to as "old-age" Social Security benefits, they must also meet other criterion that is the same as that required for same-sex couples who wish to become registered domestic partners. To be considered "registered domestic partners" in our Golden State, two adults must have filed a Declaration of Domestic Partnership with the California Secretary of State and have met certain other statutory criteria set forth in the California Family Code (such as having a common residence). The California Family Code states "Registered domestic partners shall have the same rights, protections, and benefits, and shall be subject to the same responsibilities, obligations, and duties under law, whether they derive from statutes, administrative regulations, court rules, government policies, common law, or any other provisions or sources of law, as are granted to and imposed upon spouses." Albeit this broad language, the California legislature did not provide registered domestic partners with all of the state-conferred rights allowed to married spouses. For example, the California Family Code states that "in filing their state income tax returns, domestic partners shall use the same filing status as is used on their federal income tax returns or that would have been used had they filed federal income tax returns." Moreover, the California legislature, in the Family Code, also acknowledged that the domestic partnership act "does not amend or modify any provision of the California Constitution or any statute that was adopted by initiative." Hence, for example, questions have arisen whether registered domestic partners can enjoy the same exemptions from the reassessment of property for property taxes that are allowed to married couples under Proposition 13. I believe that the California Courts will likely be addressing these property tax issues in the foreseeable future. Meanwhile, there are other very important legal issues pertaining to this landmark domestic partnership act that are being addressed by the California Courts. I look forward to providing you with updates as soon as those decisions are made. << back to columns >> The information provided in this column is not intended to be legal advice but merely conveys general information related to the topic. © 2005-2007 Scott J. Preble, A Prof. Law Corp., Antioch, (925) 756-7111. www.PrebleLawFirm.com.
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