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The New Realities of California's Domestic Partnership Law

By Frederick Hertz
March 28, 2005

In late 2003, the California legislature enacted Assembly Bill 205 (A.B.205), a bill that has transformed the legal lives of more same-sex couples than perhaps any other legislation, either in the United States or in any other jurisdiction. The language of the legislation was utterly simple: As of Jan. 1, 2005, every California-registered domestic partner is subject to nearly all of the state-based rights and obligations that apply to married spouses in California. More than 28,000 couples had already registered by the end of 2004, and even though the law allowed either partner to unilaterally terminate the partnership prior to Jan. 1, 2005 to avoid the effects of the new law, fewer than 1500 couples actually terminated their partnership.

A limited set of older opposite-sex couples (who might otherwise lose Social Security benefits) are allowed to register as domestic partners, but the overwhelming majority of state-registered domestic partners in California have been, and will continue to be, same-sex couples. Thus, more than 50,000 lesbians and gay men now are subject to the extensive web of California Family Law – a greater number than all of the Vermont civil unions, Massachusetts marriages, and Canadian marriages combined.

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