Some good news from California
Registered domestic partners in Santa Cruz County have more than 400 new legal protections to look forward to when The California Registered Domestic Partner Rights and Responsibilities Act of 2003 goes into effect Jan. 1.
The law was signed by former Gov. Gray Davis last year but delayed to give the state’s more than 28,0000 registered domestic partners time to understand the sweeping effects of the new law, according to Bob Correa, executive director of The Diversity Center in Santa Cruz.
Federal law affords married couples nearly 1,000 various rights and responsibilities, including the ability to file joint taxes, share custody of children and own property together. In comparison, the state’s current law provides domestic partners only 16 rights, he said.
Correa heralded the new legislation, claiming, "It's a major change, a huge victory. Discrimination is not an option anymore." (source)
The new law will grant domestic partners the following rights and responsibilities:
Requires domestic partners to financially support each other.
Domestic partners legally liable for each other’s bills.
Both partners will be responsible for debts incurred during the domestic partnership and for property acquired during the partnership.
Both partners will be considered legal parents for children born into the union, without the need for legal adoption.
Domestic partners will be able to inherit their partner’s property and assets upon the other’s death.
Partners now may represent each other in legal proceedings and are protected from testifying against the other.
Gives partners the right to sue for wrongful death, the loss of consortium and to take other legal actions upon behalf of their domestic partner.
Domestic partners will now need to go to court to resolve child custody, spousal support and property division issues in the event they break up.
Will have to file a separate motion to dissolve their legal partnership, just like filing for a divorce.
Since domestic partners are considered jointly responsible for one another, the household income can influence critical factors such as public support, financial aid, health-care benefits and other income-driven benefits.
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I think you are right about that. We should not think for one minute if and when we can legally be married, we will be better off financially. If people think that, they are very naive. And, they are completely missing the point of marriage.
Marriage is, first and foremost, an expression of love, support, and commitment. Along with that, we will get (assuming it's full marriage that is honored by the state AND Federal Government), over 1,000 additional benefits of being married, plus any benefits the state has. The benefits are there to support your relationship and to encourage it.
Not all of those benefits will save you money, but that is not the point. It actually has never entered my thinking what we would "save" by getting married. I'm interested in the really big items, such as inheritance, estate protection, hospital visitation, adoption rights, patental rights, and many others.
I just read an article over at 365gay.com that mentioned that several hundred gay couples were dissolving their unions due to unforseen consequences of the new law. Part of the issue was loss of benefits due to combined income that would be legally recognized. My initial reaction is that you can't have your cake and eat it too - if you're married then you get the same stuff that straight couples do including the hassles. But maybe I don't have all the information yet.