Palm Springs for Gay Men: Our Domestic Partnership Law
Effective January 1 2005, the new, comprehensive California Registered Domestic Partner Rights and Responsibilities Act of 2003 (AB205) is now in effect. In much it puts domestic partners in the same situation as married couples, and in a table below we show a summary of the different areas the new law covers and where it differs from the marriage laws. In yet another table we show the same things concerning the earlier, now obsolete law.
| Updated 12/31/04 |
AB205 replaced the earlier AB25 law, which had been in effect since January 1 2002. The new law, AB205, automatically applied to all domestic partners who were registered under AB25 on January 1 2005.
Partners who have entered a civil union in Vermont should be protected under the new California law but are recommended to register in California anyway, just to be sure. However, if you were registered as domestic partners with a city (such as Palm Springs or Cathedral City) or county in California or have registered in any other state or with an employer or have married in Canada, Netherlands, or Belgium, or any other foreign country, then you are not protected under the new law -- all such couples must register again in California.
To take advantage of the new law you must file a Domestic Partnership form with the Office of the Secretary of State, with both partners signatures notarized, and pay a $10 fee. When you have done this you will be covered by the new AB205 law. Please doublecheck that this is the procedure today with the new AB205 law.
When signing your domestic partnership registration form, you ascertain that you
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Some may want to think twice before registering, which, as a public record, is open to anybody. If one of you are not an American citizen (the INS will know where you are), if you are a member of the U.S. military (the military will know that you are gay), or if you are dependent on public assistance (the officials will know that you may have adequate support anyway), registering may cause problems. Also, since registering makes you financially responsible for each other, you may want to discuss the matter with an attorney before you decide. Remember that domestic partners are now married in all but name.
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Overview of California's New Domestic Partnership Law AB205
Effective as of January 1 2005
| Category | Right, Responsibility, Characteristic | For Registered Domestic Partners | For Married Couples |
| Rights and duties to your partner | Rights and duties of support during the partnership | Yes | Yes |
| Rights and duties of support after termination of the partnership | Yes | Yes | |
| Fiduciary duty between partners | Yes | Yes | |
| Right not to be excluded from your partner's dwelling (house or residence) | Yes | Yes | |
| Rights to damages for attempted murder | Yes | Yes | |
| Restriction on altering relationship by contract, except as to property | Yes | Yes | |
| Property rights and obligations | Joint ownership of property acquired during the partnership, with rights of survivorship | Yes | Yes |
| Joint obligation for debts incurred during the partnership | Yes | Yes | Protection under rent control laws | Yes | Yes | Equal management and control of property acquired during the partnership | Yes | Yes | Protection against assigment of partner's wages | Yes | Yes | Homestead protection against creditors of surviving partner after death of declared owner | Yes | Yes | Attachment of jointly owned property by creditors | Yes | Yes | Property interests governed by federal law (such as patents and copyrights) | Yes | Yes | State constitutional guarantees for protection of separate property | Yes | Yes |
| Protection of your children | Presumption of parenthood regarding child born during the partnership or through alternative insemination | Yes | Yes |
| Judicial determination of custody and support of children born during the partnership | Yes | Yes | |
| Ability to determine medical treatment of partner's children | Yes | Yes | |
| Death-related matters | Right to control disposition of remains, authorize autopsy, make anatomical gifts, and authorize exhumation | Yes | Yes |
| Right to be buried in joint of family cemetery plot | Yes | Yes | Identification of partner on death certificate | Yes | Yes | Provisions for handling inheritance after simultaneous death of partners | Yes | Yes | Protection of survivor's interest in joint property following partner's death | Yes | Yes | Protection against disinheritance by partner | Yes | Yes | Ability to avoid probate of jointly owned property | Yes | Yes | Ability of surviving partner to collect compensation provided to victims of violent crime | Yes | Yes | Availability of presumptions protecting interests of surviving partner under workers' compensation | Yes | Yes |
| Employment rights and benefits | Right to take extended unpaid leave to care for a partner | Yes | Yes |
| State govenment hiring preference for surviving partners ov veterans and partners of disabled veterans | Yes | Yes | |
| Entry into the institution | Right to marry legally in California | No | Yes |
| Issuance of licenses by county clerks | No | Yes | |
| Submission of certificates of registry to county clerks containing vital statistics | No | Yes | |
| Solemnization by government or religious officials | No | Yes | |
| Right to act on behalf of and receive information about your partner | Right to use any necessary force to protect partner from wrongful injury | Yes | Yes |
| Ability to request and obtain absentee ballot for partner | Yes | Yes | |
| Ability to appear on behalf of partner in small claims court | Yes | Yes | |
| Ability to defend partner's right in certain civil actions | Yes | Yes | |
| Ability to obtain notice that partner is being involuntarily held in mental institution | Yes | Yes | |
| Ability to obtain notice that partner who is a parolee or probationer has certain medical conditions | Yes | Yes | |
| Rights in judicial and other official proceedings | Privilege for confidential communications among partners | Yes | Yes |
| Privilege not to be forced to testify against partner | Yes | Yes | |
| Right to sue for loss of consortium | Yes | Yes | |
| Right to sue for violation of right of publicity of deceased partner | Yes | Yes | |
| Right to recover damages against employer liable for partner's wrongful death | Yes | Yes | |
| Right to sue person who provided illegal drugs to partner | Yes | Yes | |
| Taxes | Ability to file joint state income tax returns | No | Yes |
| Ability to obtain tax treatment that takes relationship into account | Partial | Yes | |
| Exemption from transfer tax on deed or other writings tranferring, dividing or allocating joint property among partners pursuant to termination of the relationship | Yes | Yes | |
| Exemption from reassessment under Prop. 13 of jointly held property between partners, upon separation or termination of the relationship or after death | No | Yes | |
| Exemption from property tax on the homes of survivors of veterans who died on active duty | No | Yes | |
| Partial exemption from property tax provided survivors of certain veterans | No | Yes | |
| Unlimited exemptions from federal gift and estate taxes on transfers to partner | No | Yes | |
| Licenses, permits, and franchises | Right of franchisee to designate surviving partner to operate franchise | Yes | Yes |
| Joint interest in fishing permits | Yes | Yes | |
| Ability to inherit partner's commercial fishing license | Yes | Yes | |
| Ability to inherit license to run driving school | Yes | Yes | |
| Ability to obtain transfer of deceased partner's special license plates | Yes | Yes | |
| Ability of veteran's surviving partner to succeed on pending application for farm or home purchase | Yes | Yes | |
| Partial exemption from license fee on mobile home or trailer coach owned by and constituting principal place of residence of surviving partner of veteran | Yes | Yes | |
| Non-tax financial matters | Consideration of partner's income and need for support in determining student financial aid | Yes | Yes |
| Exemption of current or former partners from requirements upon transfers of real property | Yes | Yes | |
| Prohibition on acceleration of mortgage on transfer to partner | Yes | Yes | |
| Coverage of partner as an insured under auto insurance policies | Yes | Yes | |
| Tuition fee exemption for surviving partners of veterans | Yes | Yes | |
| Education assistance for surviving partners of victims of September 11 | Yes | Yes | |
| Eligibility for Medi-Cal payments if partner is in a nursing facility | Yes | Yes | |
| Miscellaneous provisions | Access to married student housing | Yes | Yes |
| Authority to use car rented by partner if licensed and of sufficient age | Yes | Yes | |
| Ability to obtain overnight visitation with partners who are in prison | Yes | Yes | |
| Recognition of relationship under the California Political Reform Act and Prop. 34 | No | Yes | |
| Special benefits provided to public employees and their families | Certain employees' entitlement to leave of absence after death of partner | Yes | Yes |
| Protection of partner's interest in public employees' retirement benefits and pension | Yes | Yes | |
| Right to continued health coverage and benefits after death of public employee partner | Yes | Yes | |
| Right of surviving partner of a deceased legislator to collect benefits | Yes | Yes | |
| Right to be buried in state burial grounds if partner is a legislator | Yes | Yes | |
| Death benefits for surviving partners of firefighters and police | Yes | Yes | |
| Scholarship for surviving partners of firefighters and peace officers | Yes | Yes | |
| Prohibition on certain crimes against, and disclosure of residences or phone numbers of, partners of certain public officials and employees | Yes | Yes | |
| Conflicts of interest and required disclosures | Exclusion of gifts from partners from limitations on judges' receipt of gifts | Yes | Yes |
| Coverage of partners in laws governing conflicts of interest by certain government officials based on personal relationships with parties | Yes | Yes | |
| Exclusion of interest in the income of one's partner from certain conflict of interest laws | No | Yes | |
| Coverage or relationship under conflict of interest rules governing Coastal Commission members and employees | No | Yes | |
| Discrimination protections | Coverage under state laws prohibiting discrimination based on being or not being in the legal relationship | Yes | Yes |
| Coverage under federal laws prohibiting discrimination based on being or not being in the legal relationship | No | Yes | |
| Termination of the relationship | Rights and obligations relating to, and assistance in resolving disputes regarding division of property, support, and other matters when the partners have children or significant property or debts or have been long-term registered partners | Yes | Yes |
| Requirement to file court proceedings in all cases where the relationship is being terminated | No | Yes | |
| Rights and duties under federal law | Rights under immigration laws | No | Yes |
| Social Security rights | No | Yes | |
| Medicare rights | No | Yes | |
| Rights under federal housing and food stamp programs | No | Yes | |
| Treatment as a couple under federal tax laws | No | Yes | |
| Veterans' benefits | No | Yes | |
| Federal civilian employee and military benefits | No | Yes | |
| Coverage under federal employment benefit laws | No | Yes | |
| Coverage under federal financial disclosure and conflict of interest laws | No | Yes | |
| Coverage under federal trade, commerce, and intellectual property laws | No | Yes | |
| Federal agricultural loans, guarantees, and payments | No | Yes | |
| Rights under federal natural resources laws | No | Yes | |
| Coverage under federal crimes and anti-violence laws | No | Yes | |
| Treatment as a couple under Indian affairs laws | No | Yes | |
| Treatment as a couple under international laws and treaties | No | Yes | |
| Interstate treatment | Assured recognition and guaranteed provision of rights in other jurisdictions | No | Yes |
| Recognition of out-of-state marriages as valid | No | Yes |
Overview of California's Earlier Domestic Partnership Law AB25
Was effective from January 1 2002, except where noted, until December 31 2004
| Category | Right, Responsibility, Characteristic | For Registered Domestic Partners | For Married Couples |
| Rights at times of family crisis | Hospital visitation | Yes | Yes |
| Medical decision-making | Yes | Yes | |
| Legal and financial decision-making | Yes | Yes | |
| State disability benefits | Yes | Yes | |
| Compensation for those whose registered domestic partners are killed or who witness injuries to their partners | Yes | Yes | |
| Use of form wills and automatic appointment as administrator of estate | Yes | Yes | |
| Entitlement to inherit a portion of the property of a deceased registered domestic partner who dies without a will | From July 1 2003 | Yes | |
| The law that prohibits a will or trust from validly transferring assets to the person who drafted it allows transfers to domestic partners who drafted those documents | Yes | Yes | |
| Adoption | Registered domestic partners use same process for adopting one another's children as is used by stepparents | Yes | Yes |
| Employment benefits | Unemployment insurance | Yes | Yes |
| Use of sick leave to care for a domestic partner or a domestic partner's child if they are ill | Yes | Yes | |
| Entitlement to take paid employment leave to care for a serious ill domestic partner or a child of a domestic partner | From July 1 2004 | Yes | |
| Domestic partner health insurance | Yes | Yes | |
| Continued health insurance coverage for certain domestic partners (and their children) notwithstanding their partner's death | Yes | Yes | |
| Death benefits and survivor's allowances | Yes | Yes | |
| Miscellaneous provisions | Entitlement to live with a domestic partner who is a senior citizen living in a senior citizen housing complex and to continue to live there if the domestic partner dies | Yes | Yes |
| Right to obtain certified copies of the birth and death record of one's registered domestic partner | Yes | Yes | |
| Tax benefits | Exemption from state taxation of health insurance coverage provided by a registered domestic partner's employer | Yes | Yes |
| Exemption from federal taxation of health insurance coverage provided by a registered domestic partner's employer | No | Yes |
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