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Are the rights of domestic partnership and marriage the same in the California?
Wiki User
∙ 12y ago
No. The California legislature has expanded the scope of domestic partnership ("DP") in that state to such a degree that it is now roughly equivalent to what would be called a Civil Union in other states. A few differences remain, however:
- Cohabitation: required by DP; not required by marriage.
- Portability: Marriages are portable (or should be if not for DOMA), but DP has no legal meaning in many jurisdictions, especially overseas.
- Long-Term Care Insurance: Married couples eligible for "CalPERS"; DPs are not.
- Minimum Age: 18 for DP; lower for marriage with parental consent.
- Confidentiality: CA offers "confidential marriages" but not "confidential DPs."
Wiki User
∙ 12y ago
Wiki User
∙ 12y agoYes, California recognizes as domestic partnerships out-of-state and foreign same-sex marriages, civil unions, domestic partnerships, civil partnerships and designated beneficiary relationships if they are substantially equivalent to civil union (i.e. marriage) in the jurisdiction where they were performed.
Also, same-sex marriages performed between June 16 and November 5, 2008 are recognized in California as legal marriages, as long as they were legal at the time in the jurisdiction in which they were performed.
Wiki User
∙ 12y agoYes, since 1999. Since January 1, 2005, a California domestic partnership is legally identical to a marriage except that it is not called a "marriage."
In addition, 15 cities and 3 counties maintain their own domestic partnership registries: Berkeley, Beverly Hills, Cathedral City, Davis, Laguna Beach, Long Beach, Los Angeles County, Marin County, Oakland, Palm Springs, Palo Alto, Petaluma, Sacramento, San Francisco, Santa Barbara County, Santa Barbara (City), Santa Monica and West Hollywood.
Wiki User
∙ 12y agoIn California, since January 1, 2005, a domestic partnership is identical to a legal marriage in every way except that it is not called a "marriage."
Wiki User
∙ 11y agoYes, under California law, the statutory definition of a domestic partnership is that it is identical to legal marriage in every way except that it is not called a marriage.
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What is a registered domestic partnership in California?
Under California state law, a domestic partnership is a legal relationship between two persons (usually of the same-sex) that has the same rights and responsibilities as legal marriage. There are a few differences, which you can read about in the related question posted below.
What is a domestic partnership registry?
A domestic partnership registry is usually a registry of contracts or agreements between two people that offers some of the rights and responsibilities of marriage. What constitutes a domestic partnership varies by jurisdiction.
In California do same-sex couples who are in a civil union or domestic partnership have the same legal rights as a heterosexual married couple?
Yes. Although same-sex marriage is not currently legal in California, state law explicitly states that parties to a domestic partnership or out-of-state civil union (or out-of-state same-sex marriage) have exactly the same legal rights as a married couple. As for out-of-state domestic partnerships, this is true only of "comprehensive" domestic partnerships that are substantially similar to marriage.
Does the state of California recognize Maryland state registered domestic partnerships?
Most likely no. California recognizes out-of-state domestic partnerships that are substantially similar to marriage. A Maryland state registered domestic partnership offers only limited rights and is not substantially similar to marriage. Therefore, California will likely not recognize Maryland state registered domestic partnerships.
Does the state of California recognize Washington D.C. registered domestic partnerships?
Most likely no. California recognizes out-of-state domestic partnerships that are substantially similar to marriage. A Washington DC registered domestic partnership offers only limited rights and is not substantially similar to marriage. Therefore, California will likely not recognize Washington DC registered domestic partnerships.
Does the state of California recognize Washington state registered domestic partnerships?
Yes. California recognizes out-of-state domestic partnerships that are substantially similar to marriage. An Oregon state registered domestic partnership is substantially similar to marriage. Therefore, California recognizes Oregon state registered domestic partnerships and grants them all of the same rights and responsibilities as legal marriages, but they cannot legally be called marriages.
Does the state of Massachusetts recognize Wisconsin state registered domestic partnerships?
Most likely no. California recognizes out-of-state domestic partnerships that are substantially similar to marriage. A Maine state registered domestic partnership offers only limited rights and is not substantially similar to marriage. Therefore, California will likely not recognize Maine state registered domestic partnerships.
Does the state of California recognize civil unions legally performed in New Hampshire?
Yes. Washington state recognizes out-of-state civil unions as domestic partnerships which have all the same rights and benefits as legal marriage in Washington.RCW 26.60.090. Reciprocity. A legal union of two persons of the same sex that was validly formed in another jurisdiction, and that is substantially equivalent to a domestic partnership under this chapter, shall be recognized as a valid domestic partnership in this state and shall be treated the same as a domestic partnership registered in this state regardless of whether it bears the name domestic partnership.
What rights do domestic partners have?
You need to check the laws in each jurisdiction to determine the scope of legal rights associated with domestic partnership. They are not uniform. That is the reason so many people favor same sex marriage which bestows any rights that are granted to legal marriage regardless of the sex of the partners..
What are domestic partners' rights in Massachusetts?
Following the legalization of same-sex marriage in Massachusetts on May 17, 2004, the issue of domestic partnerships in that state has diminished in importance.Under State Law:There has never been a legal definition of domestic partnership under Massachusetts state law and the ACLU says that it is undetermined whether a California, Nevada or Oregon domestic partnership would be recognized as a legal marriage in Massachusetts. Domestic partnerships registered elsewhere are not likely to be held as equivalent to marriage in MA.Under Local Law:The cities of Boston and Cambridge still provide limited rights to registered domestic partners. For example, any Cambridge City ordinance that applies to spouses also applies to domestic partners. It is uncertain whether the Towns of Brookline, Brewster, Nantucket and Provincetown still provide rights to domestic partners.
Does the state of Vermont recognize Washington D.C. registered domestic partnerships?
Not likely, since a Washington DC registered domestic partnership is not "comprehensive" in that it only offers limited rights and responsibilities and is not substantially equivalent to marriage. The ACLU says: Comprehensive domestic partnerships, such as those from California, Nevada, Oregon and Washington, are also likely to be recognized as civil unions in Vermont, though this has not been conclusively determined. Consult a lawyer for more information.
What is considered domestic partnership in comparison to common law marriage?
Sometimes the terms are interchangeable in legal documents, but in modern general use, a Domestic Partnership is a term used with same-sex couples, though in some states, opposite-sex couples can obtain a domestic partnership as well. It is a legally contracted written agreement between two unmarried people. As of 2014, Common Law marriage is only available to opposite sex couples in 9 U.S. states: Alabama, Colorado, Kansas, Rhode Island, South Carolina, Iowa, Montana, Utah and Texas) and the District of Columbia. New Hampshire recognizes common-law marriage for purposes of probate only, and Utah recognizes common-law marriages only if they have been validated by a court or administrative order. Laws for common law marriages vary by state or country, but always require the couple to live together.
