With marriage rights in limbo, consider registering as DPs

  • by Debra Bowen
  • Wednesday January 14, 2009
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This has been a turbulent time for many gay and lesbian families.

Last May, of course, the California Supreme Court cleared the way for same-sex couples to marry. A few short months and thousands of weddings later, however, California voters approved a constitutional amendment that restricts marriage to one man and one woman.

While courts are responsible for sorting out the legality of voter-approved ballot initiatives, and it is up to county clerks and the California Department of Public Health to issue marriage licenses, it is my job to oversee the state's domestic partners registry.

The registry is an intermediate option that I hope same-sex couples will consider while awaiting a court decision on Proposition 8. It allows same-sex couples to formalize their relationships under state law and enjoy many of the rights and responsibilities that married couples have in this state.

Of course, domestic partnership is not marriage, either legally or emotionally. But it can be a key way for committed same-sex partners, both married and unmarried, to protect themselves.

If you have not already registered your domestic partnership, now is a good time to talk with your partner and your family lawyer about the possibility of registering as domestic partners and whether doing so is right for you.

If you are already married, you may still register a domestic partnership without dissolving your marriage.

Since January 2000, more than 51,000 couples have registered with California's domestic partners registry, which confers a number of rights under state law. Among them: Domestic partners are entitled to inheritance rights and they share community property and debts. They also have the authority to make medical decisions and funeral arrangements for each other. Both partners are legally presumed to be the parents of a child born during their union. Their income is assessed jointly when determining government assistance and student aid. (Domestic partners do not enjoy all the rights of marriage under federal law.)

Same-sex couples may register as domestic partners if both people are at least 18 years old; they share a residence; and neither is married to someone else or part of another domestic partnership. Much more information about domestic partnerships is available on my Web site at www.sos.ca.gov/dpregistry.

I know many in the lesbian, gay, bisexual, and transgender communities are optimistic the California Supreme Court will restore equal marriage rights for same-sex couples soon. Until that day comes, I encourage you to think about securing your legal rights in other ways such as a registered domestic partnership.

Debra Bowen is California's secretary of state.