It's GREAT to be me. --- "45% liberal/55% conservative"
Diplomacy is the art of saying 'nice doggy" until you can find a gun.
I did some checking to see if, in fact, civil unions conferred the exact same benefits accorded to married couples. Furthermore, I wanted to see if the California Domestic Partner Rights and Responsibilities Act of 2003 was essentially the same thing as marriage. I found the following differences:
1. Same-sex couples are still not considered "married" and cannot simply walk down the aisle and say "I do" to be legally married.
2. Same-sex couples cannot file joint state or federal income taxes.
3. State employees are not entitled the same benefits under the state's long-term care benefits package. Married partners of state employees are eligible for the CalPERS (California Public Employees' Retirement System) long-term care insurance plan, domestic partners are not.
4. There is, at least according to one appellate ruling, no equivalent of the Putative Spouse Doctrine for domestic partnerships.
5. Domestic partnerships do not have the right to sponsor a partner for immigration purposes.
6. Unlike marriage, if you or your partner are injured in another state, you may not be allowed hospital visitation or the right to make emergency medical decisions on behalf of your partner simply because you are in a domestic partnership.
7. The lack of any equivalent to California's "confidential marriage" institution.
Sources (http://www.legalzoom.com/legal-artic...ship-law.html; Robin Estes: Family Law: Domestic Partner Law ).
In addition, I am curious about the supposed problems with durable power of attorney, wills, and medical power of attorney. From what I understand, having this done would cost thousands of dollars in legal fees. A simple marriage license, which is only a few hundred bucks at the most from what I understand, would cover all the same rights and benefits. And can't these be challenged in court? California may view a domestic partnership equally when it comes to a will, but legal spouses almost always have more legal power than any other family member in such a case, so what if this is done outside of California? It would appear that the family could contest a lot more easily, as the domestic partnership isn't recognized by every other state.
Those would be my concerns. Thoughts?
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I can't. This is important.
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I live in a county in Mississippi that is "dry" - no liquor sales allowed.
In 2002 a measure was on the ballot to allow liquor sales and liquor by the drink - it failed by about 3% The pro-liquor forces took this as a sign that they were close, and launched a campaign to "educate" the electorate about the benefits of liquor sales - the jobs, tax revenues, etc... - and in 2004 the measure lost by a larger margin, almost 6% as I recall. They tried again in 2006, and again lost by a still larger margin, about 11-12%.
What was happening is a voter backlash against having to vote on the same issue again, and again, and again. Plus, as the pro-liquor forces stepped up their advertising and rhetoric, the anti-liquor forces did the same.
Now, for the 2010 election, there is a measure to strip liquor sales authority from the province of the county, and turn it over to the individual cities to decide on a city-by-city basis whether or not they want to allow liquor sales. One local city - which is basically nothing more than shopping malls and restaurants like Applebees, Chili's, TGIFriday's, etc... - stands to benefit from this.
There's no doubt in my mind that sooner or later same-sex marriage will be legal in California, it's just going to be a long, hard, difficult and bitter fight.
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Putative Spouse Doctrine Applies to Domestic Partners—C.A.
C O N F I D E N T I A L COUNTY OF SANTA CRUZ: AFFIDAVIT OF DOMESTIC PARTNERSHIP 1.• the right to make medical decisions if your partner becomes incapacitated;
Will our domestic partnership be valid outside of California?
Yes. Even if you don’t live in California, you and your partner will be domestic partners.
Proly a simple URL error.
Last edited by Jerry; 05-26-09 at 10:47 PM.
Proposition = one issue, narrow minded, ill-conceived attempts to remove the power from our representatives and place it in the incompetent hands of the ignorant poorly educated voters.
Now propositions aren't all bad but there is a glaring problem. They can't be overturned except by subsequent propositions. Propositions are therefore out of the hands of our legislatures (I.E. the guys with higher IQ then the average voter.) and will stay on the books until overturned.
If you believe in the Supernatural then you can become a millionaire!
Questioning or criticizing another's core beliefs is inadvertently perceived as offensive and rude.
Last edited by Hatuey; 05-26-09 at 10:48 PM.
I refuse to accept the view that mankind is so tragically bound to the starless midnight of racism and war that the bright daybreak of peace and brotherhood can never become a reality. - MLK