California Gay Partner Law Upheld

California Gay Partner Law Upheld
by Mark Worrall 365Gay.com San Francisco Bureau

Posted: April 4, 2005 5:01 am ET

(Sacramento, California) California's sweeping domestic partner law was upheld today by a panel of judges on the state Appeals Court.

Two conservative groups opposing the law, which went into effect in January, sought to have it declared unconstitutional because it gave same-sex couples the most of the rights of marriage.

The appeals court said, "Contrary to petitioners' suggestion, the Legislature has not created a 'marriage' by another name or granted domestic partners a status equivalent to married spouses.''

Two weeks ago, during arguments in the case, Robert H. Tyler, a lawyer for the Alliance Defense Fund argued that the law violated Proposition 22 which effectively bans same-sex marriage. (story)

"There is a patent on marriage," Tyler told the 3rd District Court of Appeal, adding that the "patent" is held by opposite sex couples.

Today's ruling was hailed by gay rights advocates.

"Today's ruling is another victory for the tens of thousands of lesbian and gay couples in California who now have the assurance their families will have the protections provided by this widely supported law,'' said Courtney Joslin, a lawyer for Equality California.

The domestic partner law was passed by the Legislature in 2003 and signed into law by then-Gov. Gray Davis (story). It went into effect January 1 this year.

The law’s protections for families headed by same-sex couples include: community property, mutual responsibility for debt, parenting rights including obligations for custody and support, and the ability to claim a partner’s body after death.

The law does not allow for joint filing for state taxes and certain other protections under state law. It also does not provide access to over 1,000 federal protections that heterosexual married couples enjoy.

Meanwhile, a parallel case that involves the right of same-sex couples in California to marry is heading slowly to the State Supreme Court. Last month a San San Francisco judge ruled that state laws preventing gay marriage are illegal. (story)

The domestic partner ruling today was lauded by the National Center for Lesbian Rights which is representing same-sex couples in the marriage case.

"This is a resounding victory for fairness and equality,” said Kate Kendell , Executive Director of NCLR.

“Domestic partnership is not marriage, and the Court soundly rejected the tortured efforts of extreme rightwing groups to distort the language of Proposition 22 and to strike down validly enacted legislation protecting lesbian and gay people and their families. The voters in this state overwhelmingly support providing equal rights and benefits to same-sex couples. The notion that AB 205 violates the will of the people in this State is absurd, and the Court of Appeal rightly rejected it."

On the weekend, a rally in Bakersfield to promote amending the California constitution to bar same-sex marriage fizzled out with gay marriage supporters outnumbering demonstrators two to one.

The rally had been called by Sen. Roy Ashburn, R-Bakersfield, as part of his "Traditional Family Values" campaign. But, as he tried to address supporters he was drowned out by about 50 gay activists with bullhorns.

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