Claery & Green LLP Articles Domestic Partnership in California

Domestic Partnership in California

By Claery & Green  Nov. 30, 2010 2:47p

In the state of California, domestic partnership is a legal relationship offered to same-sex couples and opposite-sex couples where at least one of the parties is a minimum of 62 years of age. Domestic partnership affords non-married couples most of the rights, benefits, responsibilities and obligations as married couples under California law.

In August of 1979, gay rights activist Tom Brougham proposed the new type of relationship he titled a "domestic partnership." In the beginning, all that was required was that both people were qualified to marry, except for the fact that they were of the same gender. Later on, refinements were made where both people had to be at least eighteen years of age and they had to maintain a mutual financial responsibility towards each other.

Modifications to Brougham's definitions were made later in 1982, by Supervisor Harry Britt, also a gay man who was appointed to replace Harvey Milk. The San Francisco Board of Supervisors adopted Britt's version, however the mayor of San Francisco at the time, Dianne Feinstein succumbed to intense pressure by the Catholic Church and vetoed the bill. It wasn't until 1989, that San Francisco adopted a domestic partnership law. However, voters repealed the domestic partnership law and a modified version was reinstated by another voter initiative, which was the 1990's Proposition K, also written by Harry Britt. Today, San Francisco offers domestic partnership status, which is separate in benefits than that offered by the state of California. The residents of San Francisco can apply for both.

History is Made for Same Sex Couples

In 1999, California Governor Gray Davis, signed a domestic partnership bill, which made California the first in history, to recognize same sex couples. On September 4, 2003, an expanded domestic partnership bill was passed by the California legislature, extending nearly all the same legal rights of opposite-sex married couples, to same sex couples in a domestic partnership. The policy went into effect on January 1, 2005.

If you are entering a domestic partnership, a Los Angeles domestic partnership attorney at Claery & Green, LLP, can help explain the intricate laws of domestic partnership. We have helped many same sex couples achieve domestic partnership status in California.

Contact a Domestic Partnership Lawyer at our firm today for a free consultation.

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