California domestic partners law
Dir Gray Davis signed a domestic partnership bill Friday granting same-sex couples nearly all the rights and obligations of married spouses.
“A family is a family based on sex, but because of values like commitment, trust and love,” said Davis before a crowd celebrating San Francisco’s gay, lesbians, bisexuals and transgender-Center.
The California already had strong domestic partner laws, but the bill was the goal of closing the gaps, as far as possible in federal law, between homosexual and heterosexual couples.
The law, scheduled to take effect in 2005, allows you to search for national partners and dependent children and gives them the right to health coverage under a partner.
Other provisions give local partners to access and mourning in the family to leave and exceptions and taxation of real estate gift. After the death of a spouse, they have the power to approve an autopsy, organ donation or funeral arrangements.
The law also prevents the courts to compel a national partner, against the other partners in a process, while a greater responsibility, such as a partner for the debt.
In 1999, California is the first state in the country to allow gay and lesbians couples and heterosexual couples aged register as domestic partners. Since then, more than 22000 couples have with the Secretary of State.
The delay in the implementation of the law - no later than 1 January 2005 - couples, do not want new rights and duties of time, the opt-out by the withdrawal of its registration as partners, employees home.
Proponents of national gay rights say that the law is in California, almost tied with Vermont, a civil unions for same-sex couples.
The main difference lies in the fact that same-sex couples in California is not yet able to file income taxes of the State, such as possible in Vermont. California lawmakers feared that conflicting tax codes of same-sex households would be subject to tax audits of the Confederation, said Shannon Minter, Legal Director of the National Center for Lesbian Rights in San Francisco.
It is a symbolic difference as well. In Vermont, couples must have their civil unions or certified copies solemnly in a civil ceremony, while California, home of the State Register simply by turning in applications for certified copy before a notary fee of $ 10 .
In addition, participants in Vermont’s civil unions are legally as a “spouse”. Some politicians aware of the CA wanted to prevent a direct challenge to the legislative institution of marriage.
A representative of State Senator William Knight by the crowd at the signing ceremony, warning that Knight, an appeal against the new law.
Knight, a Republican, wrote the 2000 initiative, a ballot, 61% of voters said that “only marriage between a man and a woman is valid and recognized in California.
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