One of the eighteen thousand

Discussion in 'Health and Lifestyle' started by Sky Dancer, May 26, 2009.

  1. Sky Dancer
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    same sex couples to still be married in California. It's not over until it's over.
     
  2. del
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    i'm on the edge of my seat.
     
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  3. tigerbob
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    tigerbob Increasingly jaded.

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    I've clearly fallen off my seat. I didn't understand the O.P.
     
  4. Sky Dancer
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    Eighteen thousand couples married before Proposition 8 overturned the marriage equality act in California.
     
  5. tigerbob
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    tigerbob Increasingly jaded.

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    Oh. Where does that leave them? (Sorry, I haven't really kept up on this issue).
     
  6. Sky Dancer
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    We are still legally married, which takes away the joy of the religious right, who wanted our marriages invalidated. It wouldn't surprise me if opponents of marriage equality try to overturn our legal unions.

    No other same sex couples can marry in California at this time.
     
    Last edited: May 26, 2009
  7. tigerbob
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    tigerbob Increasingly jaded.

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    Can they get legal unions?
     
  8. Sky Dancer
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    Domestic partnerships yes. Legally, it's 'marriage lite'. Domestic partnerships are exceptionally limited in the legal protections and priveleges they provide.
     
  9. DamnYankee
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    DP but no CU? You mean to tell me that Jersey is more liberal than California? Damn...
     
  10. hjmick
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    hjmick Gold Member

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    Really? "Exceptionally limited?"

    The areas where the California Domestinc Partnership law isthe same as marriage:

    Making health care decisions for each other in certain circumstances.

    Hospital and jail visitation rights that were previously reserved for family members related by blood, adoption or marriage to the sick, injured or incarcerated person.

    Access to family health insurance plans (Cal. Ins. Code §10121.7)

    Spousal insurance policies (auto, life, homeowners etc..), this applies to all forms of insurance through the California Insurance Equality Act (Cal. Ins. Code §381.5).

    Sick care and similar family leave.

    Stepparent adoption procedures.

    Presumption that both members of the partnership are the parents of a child born into the partnership.

    Suing for wrongful death of a domestic partner.

    Rights involving wills, intestate succession, conservatorships and trusts
    The same property tax provisions otherwise available only to married couples (Cal. R&T Code §62p).

    Access to some survivor pension benefits.

    Supervision of the Superior Court of California over dissolution and nullity proceedings.

    The obligation to file state tax returns as a married couple (260k) commencing with the 2007 tax year (Cal R&T Code §18521d).

    The right for either partner to take the other partner's surname after registration.

    Community property rights and responsibilities previously only available to married spouses.

    The right to request partner support (alimony) upon dissolution of the partnership (divorce).

    The same parental rights and responsibilities granted to and imposed upon spouses in a marriage.


    Where they differ:

    Couples seeking domestic partnership must already share a residence, married couples may be married without living together.

    Couples seeking domestic partnership must be 18 or older, minors can be married before the age of 18 with the consent of their parents.

    California permits married couples the option of confidential marriage, there is no equivalent institution for domestic partnerships. In confidential marriages, no witnesses are required and the marriage license is not a matter of public record.

    Married partners of state employees are eligible for the CalPERS long-term care insurance plan, domestic partners are not.

    There is, at least according to one appellate ruling, no equivalent of the Putative Spouse Doctrine for domestic partnerships.




    That doesn't strike me as "exceptionally limited in the legal protections and priveleges." Well, except for the lack of the word "marriage" and a couple of other details.

    Anyway... Congratulations, SD. I'm glad your marriage and the rest of the 17,999 will remain in tact. For the court to say otherwise would have been wrong. Sincerely.
     
    Last edited: May 26, 2009

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