Los Angeles Lawyer October 2008 - Gray Plant Mooty

Elimination of
BY SABRINA A. BELDNER
STATE
OF THE
UNION
With In re Marriage Cases, the California Supreme Court
legalized gay marriage in California, but it did not
invalidate California's existing domestic partnership law
IN MAY, same-sex couples obtained the
legal right to marry in California as a result
of In re Marriage Cases. 1 The decision is
widely considered to be a big step, but legally
it simply bestowed the highly prized term
“marriage” upon a type of union that had
previously developed over the last decade,
under a statutory scheme known as a “registered
domestic partnership,” into the functional
equivalent of marriage. While gay marriage
has only recently become legal in
California, domestic partnership law has a
longer history.
In 1999, the Domestic Partner Registration
Act was enacted by the state legislature, establishing
a statewide registry for domestic partners.
While stopping short of affording gay
and lesbian unions the prized nomenclature
and the full range of legal rights and obligations
associated with marriage, the Domestic
Partner Registration Act bestowed basic legal
recognition, rights, and obligations on domestic
partner registrants. A “domestic partnership”
was defined as “two adults who have
chosen to share one another’s lives in an intimate
and committed relationship of mutual
caring.” 2 To form a valid domestic partnership
today, two parties are required to:
• Have a common residence. 3
• Be unmarried and not be members of
another domestic partnership. 4
• Not be related by blood to the extent that
the parties would be prevented from being
married to each other in this state. 5
• Each be at least 18 years old. 6
• Be either of the same sex or over 62 years
of age and eligible for social security benefits. 7
• Be capable of consent. 8
The Domestic Partnership Registration
Act initially established procedural mecha-
Sabrina A. Beldner is an associate in the Los
Angeles office of McGuireWoods LLP. Her practice
includes representation of employers and management
in employment litigation.
KEN CORRAL
18 Los Angeles Lawyer October 2008