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Civil Rights Discuss Gay Rights 101 at the Political Forums; Originally Posted by dabateman Well from what I understand the California law is virtually meaningless in comparison to other laws. ...

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Old 12-05-2007, 02:30 PM
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Default Re: Gay Rights 101

Quote:
Originally Posted by dabateman View Post
Well from what I understand the California law is virtually meaningless in comparison to other laws. Essentially it is my understanding that it breaks down like this...

Domestic Partnerships - Worst
Civil Unions - Pretty Bad
Gay Marriage - A decent start
Marriage - equality

When you get into the meat of the information about the California law, it's as I said it was, different for each locality. While it's true that anyone can register (well there are limits to that too), the benefits change from city to city and county to county. Some counties and cities offer better benefits through state actions than others.
I think your information is incorrect on the California law. They appear to be, in every way, equal to the Civil Unions.

Domestic partnerships are registered with the state and grant the same STATE rights as marriages. I imagine some localities could offer more benefits but, since it is state law, no locality could legally abridge those rights and benefits.

Here is the relevant California legal code.

Quote:
FAMILY.CODE
SECTION 297-297.5



297. (a) Domestic partners are two adults who have chosen to share
one another's lives in an intimate and committed relationship of
mutual caring.
(b) A domestic partnership shall be established in California when
both persons file a Declaration of Domestic Partnership with the
Secretary of State pursuant to this division, and, at the time of
filing, all of the following requirements are met:
(1) Both persons have a common residence.
(2) Neither person is married to someone else or is a member of
another domestic partnership with someone else that has not been
terminated, dissolved, or adjudged a nullity.
(3) The two persons are not related by blood in a way that would
prevent them from being married to each other in this state.
(4) Both persons are at least 18 years of age.
(5) Either of the following:
(A) Both persons are members of the same sex.
(B) One or both of the persons meet the eligibility criteria under
Title II of the Social Security Act as defined in 42 U.S.C. Section
402(a) for old-age insurance benefits or Title XVI of the Social
Security Act as defined in 42 U.S.C. Section 1381 for aged
individuals. Notwithstanding any other provision of this section,
persons of opposite sexes may not constitute a domestic partnership
unless one or both of the persons are over the age of 62.
(6) Both persons are capable of consenting to the domestic
partnership.
(c) "Have a common residence" means that both domestic partners
share the same residence. It is not necessary that the legal right
to possess the common residence be in both of their names. Two
people have a common residence even if one or both have additional
residences. Domestic partners do not cease to have a common
residence if one leaves the common residence but intends to return.



297.5. (a) Registered domestic partners shall have the same rights,
protections, and benefits, and shall be subject to the same
responsibilities, obligations, and duties under law, whether they
derive from statutes, administrative regulations, court rules,
government policies, common law, or any other provisions or sources
of law, as are granted to and imposed upon spouses.
(b) Former registered domestic partners shall have the same
rights, protections, and benefits, and shall be subject to the same
responsibilities, obligations, and duties under law, whether they
derive from statutes, administrative regulations, court rules,
government policies, common law, or any other provisions or sources
of law, as are granted to and imposed upon former spouses.
(c) A surviving registered domestic partner, following the death
of the other partner, shall have the same rights, protections, and
benefits, and shall be subject to the same responsibilities,
obligations, and duties under law, whether they derive from statutes,
administrative regulations, court rules, government policies, common
law, or any other provisions or sources of law, as are granted to
and imposed upon a widow or a widower.
(d) The rights and obligations of registered domestic partners
with respect to a child of either of them shall be the same as those
of spouses. The rights and obligations of former or surviving
registered domestic partners with respect to a child of either of
them shall be the same as those of former or surviving spouses.
(e) To the extent that provisions of California law adopt, refer
to, or rely upon, provisions of federal law in a way that otherwise
would cause registered domestic partners to be treated differently
than spouses, registered domestic partners shall be treated by
California law as if federal law recognized a domestic partnership in
the same manner as California law.
(f) Registered domestic partners shall have the same rights
regarding nondiscrimination as those provided to spouses.
(g) No public agency in this state may discriminate against any
person or couple on the ground that the person is a registered
domestic partner rather than a spouse or that the couple are
registered domestic partners rather than spouses, except that nothing
in this section applies to modify eligibility for long-term care
plans pursuant to Chapter 15 (commencing with Section 21660) of Part
3 of Division 5 of Title 2 of the Government Code.
(h) This act does not preclude any state or local agency from
exercising its regulatory authority to implement statutes providing
rights to, or imposing responsibilities upon, domestic partners.
(i) This section does not amend or modify any provision of the
California Constitution or any provision of any statute that was
adopted by initiative.
(j) Where necessary to implement the rights of registered domestic
partners under this act, gender-specific terms referring to spouses
shall be construed to include domestic partners.
(k) (1) For purposes of the statutes, administrative regulations,
court rules, government policies, common law, and any other provision
or source of law governing the rights, protections, and benefits,
and the responsibilities, obligations, and duties of registered
domestic partners in this state, as effectuated by this section, with
respect to community property, mutual responsibility for debts to
third parties, the right in particular circumstances of either
partner to seek financial support from the other following the
dissolution of the partnership, and other rights and duties as
between the partners concerning ownership of property, any reference
to the date of a marriage shall be deemed to refer to the date of
registration of a domestic partnership with the state.
(2) Notwithstanding paragraph (1), for domestic partnerships
registered with the state before January 1, 2005, an agreement
between the domestic partners that the partners intend to be governed
by the requirements set forth in Sections 1600 to 1620, inclusive,
and which complies with those sections, except for the agreement's
effective date, shall be enforceable as provided by Sections 1600 to
1620, inclusive, if that agreement was fully executed and in force as
of June 30, 2005.
CA Codes (fam:297-297.5)

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Old 12-05-2007, 02:38 PM
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Default Re: Gay Rights 101

Here are some direct quotes from your article...

Quote:
* Senate Bill 1049 (Speier) permitted San Mateo County to provide survivor benefits to domestic partners.[10]
* Assembly Bill 2216 (Keeley) provided for intestate succession.[11]
* Assembly Bill 2777 (Nation) authorized Los Angeles, Santa Barbara and Marin counties to provide survivor benefits to domestic partners.[12]
* Senate Bill 1575 (Sher) exempts domestic partners from certain provisions voiding wills that they helped draft.[13]
* Senate Bill 1661 (Kuehl) extends temporary disability benefits to workers to take time off to care for a family member.[14]
Which basically translates they aren't equal across the state. Some areas are allowed to provide more benefits at the direction/consent of the state. Unlike other cities across the nation that have unilaterally decided to offer limited benefits.
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Old 12-05-2007, 02:54 PM
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Default Re: Gay Rights 101

Quote:
Originally Posted by dabateman View Post
Here are some direct quotes from your article...



Which basically translates they aren't equal across the state. Some areas are allowed to provide more benefits at the direction/consent of the state. Unlike other cities across the nation that have unilaterally decided to offer limited benefits.
What you seem to have missed is that your quotes come from the section, "Establishment and incremental expansion."

This section is giving the history of Domestic Partnerships in California, not what they are now. What they are now is covered by the California Legal Code that I posted.

BTW, if you scroll down a little from your quotes from the Wikipedia article, you find this.

Quote:
Wholesale expansion
The introduction of The California Domestic Partner Rights and Responsibilities Act of 2003 (or Assembly Bill 205 of 2003) marked a major shift in the legislature’s approach to domestic partnerships. Earlier efforts afforded domestic partners only certain enumerated rights, which the legislature expanded in piecemeal fashion. This bill, introduced by Assemblymembers Jackie Goldberg, Christine Kehoe, Paul Koretz, John Laird, and Mark Leno, created the presumption that domestic partners were to have all of the rights and responsibilities afforded spouses under state law. The bill did carve out certain exceptions to this premise, principally involving the creation and dissolution of domestic partnerships and certain tax issues. It also, for the first time, recognized similar relationships, such as civil unions, created in other states. Because the legislation dramatically changed the circumstances of existing domestic partnerships, the legislature directed the Secretary of State to inform all previously registered domestic partnerships of the changes and delayed the effect of the law for an additional year, until January 1, 2005. Governor Gray Davis signed the bill into law on September 19, 2003. [15]
Domestic partnership in California - Wikipedia, the free encyclopedia

Further tweaking since 2003 has fixed most if not all of the tax issues differences.


Quote:
Senate Bill 565 of 2005 (Migden) allows transfer of property between domestic partners without reassessment for tax purposes.[17]
Senate Bill 973 of 2005 (Kuehl) specifies that domestic partners of state workers are entitled to retroactive pension benefits, even if the worker entered retirement before the enactment of Assembly Bill 205.[18]
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Old 12-05-2007, 02:56 PM
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Default Re: Gay Rights 101

Quote:
Originally Posted by crazyflamingos View Post
What you seem to have missed is that your quotes come from the section, "Establishment and incremental expansion."

This section is giving the history of Domestic Partnerships in California, not what they are now. What they are now is covered by the California Legal Code that I posted.

BTW, if you scroll down a little from your quotes from the Wikipedia article, you find this.



Further tweaking since 2003 has fixed most if not all of the tax issues differences.

Well I stand corrected in my understanding of the California law. It's still not marriage but it's a damned sight better than what is offered in Texas or the majority of the nation for that matter.
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Old 12-06-2007, 02:45 AM
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Default Re: Gay Rights 101

Thanks! This thread is very informative. For one thing I knew, but really didn't consider the implications of not having federal backing. It's a little clearer to me why all the big push for a national law.

Beyond that may I say that change is always anticipated with a certain amount of fear. Big change-big fear. Information certainly helps disperse anxiety!

Are there any plans for subjective testimony from couples during any real or planned hearings on the matter? I mean, I have been impacted by some of the interviews during the coverage of the illegal marriages etc.

And I know how almost every body is more comfortable around friends and family. But looking at it from a standpoint of selling the public on something, I would (and I'm sure some already do) brainstorm the hell out of, "What are our Universal Positives and how do we bring that to the publics attention?"
THEN, general mom and pop public will care that you aren't treated fairly. I guess I'm crazy but I would be forming organizations that had relevant names like, Gay Men for the Prevention of Hunger; LFAC (lesbians fight animal cruelty; LGKS (Lesbians and Gays helping kids get school supplies).
As a group, you can be powerful, but first you gotta be positive.

That's my opinion, anyway.
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Old 12-06-2007, 01:43 PM
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Chiming in after the fact, a couple of observations I have seen as well.

1) There is a misconception about what "Don't Ask / Don't Tell" (DADT) actually does and how it works. I have talked to a variety of people who seem to think it provides restrictions only against gays who out themselves or who use their sexual orientation disruptively.
The truth is that all DADT does is provide a loose restriction to allow a service member a pseudo "5th amendment" capability to not incriminate themselves. Gay military members continue to get kicked out who were outed by no action of their own.
The military law itself EXPLICITLY states that gays are NOT allowed to serve in the military, regardless on whether or not they "Tell".

2) I have talked to a variety of people who are under the mistaken impression that gays have country-wide protection against being fired for being gay. There are about 20 states which have no such protection, and in those states it is perfectly legal for businesses to fire people for being gay.

3) The whole "Gay Marriage Amendment" issue introduces a variety of issues. Some states have their gay marriage amendments worded so that ONLY gay marriage is prohibited. The potential for "domestic partner" legal recognition is allowed, and there is no problem with some companies taking their own initiative on benefits. However, STILL in some of those states, anti-gay initiatives are started to try to misrepresent the wording of the gay marriage amendment to claim it ALSO prohibits domestic partner legal status. California is one such example, and the proponents of the anti-gay marriage legislation actually stated that their legislation would NOT be used for what they later tried to do.

4) Other state marriage amendments are worded more restrictively. They prevent the state from recognizing gay marriage, and they ALSO prevent the state from recognizing anything which could resemble gay marriage. (i.e. they also restrict domestic partner status)
This is also not widely known, and I've come across a few people who are surprised that this reality exists.
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Old 12-11-2007, 12:21 PM
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Default Re: Gay Rights 101

Quote:
Originally Posted by foundit66 View Post
Chiming in after the fact, a couple of observations I have seen as well.

1) There is a misconception about what "Don't Ask / Don't Tell" (DADT) actually does and how it works. I have talked to a variety of people who seem to think it provides restrictions only against gays who out themselves or who use their sexual orientation disruptively.
The truth is that all DADT does is provide a loose restriction to allow a service member a pseudo "5th amendment" capability to not incriminate themselves. Gay military members continue to get kicked out who were outed by no action of their own.
The military law itself EXPLICITLY states that gays are NOT allowed to serve in the military, regardless on whether or not they "Tell".
Here is the latest information from SLDN, the Servicemenber's Legal Defense Network. (This group is working to get DADT repealed. I am on their mailing list, and urge others to join to end this discriminatory policy.)

SLDN

Quote:
2) I have talked to a variety of people who are under the mistaken impression that gays have country-wide protection against being fired for being gay. There are about 20 states which have no such protection, and in those states it is perfectly legal for businesses to fire people for being gay.
This is what ENDA is about, for those of you who have heard of this in the news lately. The Employment Non-Discrimination Act seeks to create nationwide protection against being fired for LGBT people. A version of the bill that excludes transgendered people passed in the House recently.

ENDA requires that an employer consider each potential employee fairly on the basis of their ability to do the job, without regard to their sexual orientation, etc., a factor that that would generally have no significant bearing on the performance of their duties.

Of course, the religious right is all up in arms about it, because it would interfere with an employers desire to discriminate against a specific group of individuals on the basis of their sexual orientation.

Quote:
3) The whole "Gay Marriage Amendment" issue introduces a variety of issues. Some states have their gay marriage amendments worded so that ONLY gay marriage is prohibited. The potential for "domestic partner" legal recognition is allowed, and there is no problem with some companies taking their own initiative on benefits. However, STILL in some of those states, anti-gay initiatives are started to try to misrepresent the wording of the gay marriage amendment to claim it ALSO prohibits domestic partner legal status. California is one such example, and the proponents of the anti-gay marriage legislation actually stated that their legislation would NOT be used for what they later tried to do.

4) Other state marriage amendments are worded more restrictively. They prevent the state from recognizing gay marriage, and they ALSO prevent the state from recognizing anything which could resemble gay marriage. (i.e. they also restrict domestic partner status)
This is also not widely known, and I've come across a few people who are surprised that this reality exists.
I believe it is exactly this lack of information penetration that the religious right is counting on in order to pass these discriminatory amendments. This has only failed to work in one state so far: Arizona.

The wording of that amendment would have prevented the state from recognizing gay marriage, and they ALSO prevent the state from recognizing anything which could resemble gay marriage. The pro-equality forces managed to get the message out there, so that even those against gay marriage voted against this amendment in sufficient numbers to defeat it.

Moreover, though, these multi-issue amendments have been overturned on Constitutional grounds after passage in a few states. This is because it's not Constitutional to wrap two or more issues into one voting topic. (I know I'm not saying that exactly right, but that's the gist of it.)

Honestly, I think the radical righties that propose, support, and fund the misinformation campaigns around these combo amendments are doing so KNOWING FULL WELL that they will eventually be overturned by state Supreme Courts.

Why would they do this? Gay rights is an evergreen "fire up the base" tactic for the right. The LAST thing they want is for the issue to be SETTLED. If it ever was settled, regardless of HOW it was settled, they wouldn't be able to use it any more to draw that weird but large contingent of voters out to the polls who think that gay rights, stem cells, and abortion are the most important issues our country faces.

Whew. I meant this to be educational, and I got off on an opinion-fueled rant there. Sorry.
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