CAL judge approves Domestic Partners

Here's another report on this decision,
written by SF Chronicle reporter Bob Egelko:


http://www.sfgate.com/cgi-bin/article.cgi?file=/chronicle/archive/2004/09/09/BAGA48LRDJ1.DTL

SFGate:
CAL Gays cautious about new partners law....



Monday, September 20, 2004 (SF Chronicle)

[ California] Gays cautious about new
[state ] partners law/
Some opt out, fearing legal or financial troubles

Rona Marech, Chronicle Staff Writer


Gay men and lesbians throughout California are poised to celebrate when the state's muscular new domestic partners law takes effect Jan. 1 [2005] -- but a funny thing is happening on the way to the ribbon cutting.
Some committed couples are saying thanks, but no thanks.
They are dissolving their current legal partnerships or declining to sign up, mainly because they're worried that under the new law -- which extends [most] state marriage rights and responsibilities to same-sex partners -- their public benefits could be slashed, or they could wind up in a financial or
legal quagmire.
In July and August, more people dissolved their state domestic
partnerships -- 202 and 111, respectively -- than in any month since January 2000, when the registry started.
Over the summer, the secretary of state's office mailed letters to the 28,083 couples who have registered under the current, weaker law, warning of potentially undesired consequences of the new version and the Jan. 1 deadline for opting out.
The new domestic partners law, AB205, was signed
in August 2003 by then-Gov. Gray Davis.

[......]

Some in the gay community are referring to AB205 as the "gay divorce law" [.....].
Under current law, breaking up is as simple as filling out a
form. With AB205, most couples will have to face court proceedings and spend money on lawyers.
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DOMESTIC PARTNER BENEFITS
The domestic partners law enacted in 1999 granted registered couples in California a number of rights, including:
-- The ability to make medical decisions for one's partner.
-- Hospital visitation rights.
-- Access to stepparent adoption procedures.
-- The right to sue for wrongful death of one's partner.
-- The right to live with one's partner in senior housing developments.

On Jan. 1, 2005, when AB205 takes effect, domestic partners will have [almost] the same state rights and responsibilities as married couples, including:
-- Community property rights and obligations.
-- Child custody rights.
-- The right to child support and alimony.
-- Access to housing for married students.
-- Extended family leave benefits.
-- Mutual responsibility for debts.
-- Spousal support obligations.
AB205 does not affect federal law. Domestic partners cannot sponsor a foreign-born partner to become a U.S. citizen. Survivors of domestic partners are not entitled to collect federal pensions, Social Security or other death benefits. Domestic partners still must file tax returns as "single" under both state and federal law.
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For the rest of this story,
please see

[http://www.sfgate.com/cgi-bin/article.cgi?file=/chronicle/archive/2004/09/20/MNGSL8ROMN1.DTL ]

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Copyright © 2004 SF Chronicle
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[Note by TBL:
This is about California's STATE domestic partnerships.
The City and County of San Francisco also has LOCAL domestic partnerships, with fewer rights and fewer responsibilities. ]
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From reading the ACLU's review of CA's Domestic Partnerships' tax implications, It sounds like they are a real messy situation to get into to. It is great to see the increased rights that are available, but the tax details are still a mess. Couples have shared property, but they are still not allowed to give each other gifts and share resources in ways married couples do without incurring gift taxes or other tax penalties. I'm very happy to see the increase in available rights, but if people are careful this creates a real oppurtunity for the IRS to come down on them hard.