Registered domestic partners in California would have many
of the same rights and responsibilities as married couples
under a landmark bill approved by the state senate that Gov.
Gray Davis has already signaled he plans to sign. The bill,
by lesbian assemblywoman Jackie Goldberg, would give registered
domestic partners the ability to ask for child support and
alimony, the right to health coverage under a partner's plan,
and the ability to make funeral arrangements for a partner.
The legislation, passed Thursday, would put California on
par with Vermont in the rights afforded to gay and lesbian
couples, gay rights activists have said.
Opponents say it is an attempt to allow gay marriages and
would conflict with Proposition 22, a 2000 ballot measure
that defined marriage as applying only to a man and a woman.
"I wish to hell it was a marriage bill," countered
lesbian senator Sheila Kuehl. "I wish Barbara and I could
get married...but this is about adding a few benefits and
responsibilities to the domestic-partner law."
The bill, also known as the Domestic Partner Rights and Responsibilities
Act, was approved 23-14. It now returns to the assembly for
approval of senate amendments, which included removing a provision
that would have allowed joint filing of state income taxes.
Opponents, such as Sen. Pete Knight, said the bill puts "the
state in the position of promoting a same-sex marriage"
and undermines the initiative, which is also known as the
Defense of Marriage Act.
Sen. Kevin Murray disagreed, saying the legislation simply
clarifies the obligations and responsibilities of domestic
partners. "This is a simple way for two people, who,
whether you like it or not, have a family and are raising
children, to manage their family to the best of their abilities,"
Murray said.
In 1999, California became the first state to allow gay and
lesbian couples as well as elderly couples to register as
domestic partners. Two years ago the legislature passed a
measure providing registered couples about a dozen rights
previously available only to heterosexual spouses or next
of kin, including the right to make medical decisions for
incapacitated partners, to sue for a partner's wrongful death,
and to adopt a partner's child.
Goldberg's measure expands the law by extending to the more
than 22,000 registered same-sex couples every other marriage-based
entitlement that could be amended under state law without
approval by two thirds of the legislature. They include access
to family student housing, bereavement and family care leave,
exemptions from estate and gift taxes, child custody and visitation
hearings, and health coverage under a spouse's insurance plan.
Other rights once available only to a husband or wife that
would be covered by the bill are the right not to be forced
to testify against a partner at trial, the ability to apply
for absentee ballots on a partner's behalf, and in the event
of a loved one's death, the authority to consent to an autopsy,
donate organs, and to make funeral arrangements.
The bill also extends responsibilities to couples registered
as domestic partners. They would be responsible for their
partner's debts, would have their income factored into their
partner's eligibility for public-assistance benefits, and
would be required to disclose their relationships to avoid
nepotism and conflicts of interest.
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