Bakersfield Californian
California Domestic Partner Rights as
of January 1.
December 19, 2004
Depending on how you count them, there can be hundreds of
marital rights, obligations and benefits that the state of California will now
also give to registered domestic partners.
Lambda Legal Defense lawyer
Jon Davidson gives an example in the category of conservatorship, when a spouse
-- and now a registered domestic partner -- can be first on the list to be named
conservator to make decisions for an
incapacitated spouse or
partner.
"There are about 40 statutes that deal with that," Davidson
says. "So it can either be counted as one right or about 40 rights."
Here
are some of the major categories of rights that will now be shared by registered
domestic partners as of Jan. 1:
* Joint ownership of property acquired
during the partnership
* Joint responsibility for debt incurred during
the partnership
* Joint parenthood of children born during a
partnership
* Authorization of medical treatment for partner's
children
* Use of family court system for custody and support of children
born during the partnership
* Right to divide property and debt, and to
request support and child support upon dissolution of relationship
*
Extended unpaid leave to care for a partner
* Privilege to confidential
communications and not to testify against partner
* Joint coverage on
auto insurance policies
* Post-mortem decisions such as disposition of
remains and authorization of autopsy
* Burial in joint or family cemetery
plot
* Protection against disinheritance by partner
* Compensation
provided to victims of violent crime
* Right to inherit certain licenses,
permits and franchises
* Benefits for partners of public employees, such
as continued retirement benefits and health coverage after death of public
employee
Registered domestic partners already have about 15 to 20 rights.
The major ones are:
* Right to hospital visitation and medical
decisions
* Conservatorship for legal and financial decisions
*
Estate administration for executing a will
* Partial inheritance in the
event of no will
* Right to sue for wrongful death
* Use of
stepparent adoption
* Unemployment insurance if one partner has to
relocate for a job and the other must quit his or her job
* Use of sick
leave to care for a partner or partner's child
* Health insurance for
partners of state employees
Rights that won't be granted to registered
domestic partners after Jan. 1:
* Legal marriage in California
*
Obtain a marriage license from a county clerk
* Have a marriage ceremony
solemnized by a government or religious official
* File joint state
income tax returns
* Exemption from property tax reassessment under
Proposition 13 upon dissolution of relationship or death of partner
*
Exemption from federal gift and estate taxes on transfers to partner
*
All federal laws affecting married couples, including immigration, Social
Security, Medicare, Veterans' benefits and federal joint income tax
returns.
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