"DP heavy" versus "DP lite" -- a California dilemma

..................
DOMESTIC PARTNERSHIPS:
"heavy" (state AB205) versus "lite" (SF municipal)
..................

Rona Marech reports that some of California's 28,000-plus state-registered domestic partners don't need or want the AB205 upgrade which probably will take effect on New Year's Day 2005
[SF Chronicle, 20 September 2004]*

From January 2000 thru December 2004, California's state-registered domestic partnerships were a "lite" version of Vermont's Civil Unions. But from January 2005 onwards, the Cal state partnership will become "heavy" -- that is, it will provide more duties and responsibilities, including financial obligations, as well as more rights. That's good for most couples, bad for some.

After being warned of upcoming changes, 202 people dissolved state-registered domestic partnerships in July, 111 in August. (Caveat: Not all state-registered domestic partnerships are same-sex couples. Some are different-sex couples, where at least one partner is a senior citizen, usually avoiding legal marriage to preserve Social Security benefits. The figures don't indicate how many of these 313 break-ups were same-sex, nor how many were still-committed couples.)

If state-registered couples want to avoid the new "heavy" partnerships, they must de-register by December 31. Under current law, that's easy. But if partners wait until 2005, breaking up will be hard to do. So some queers call AB205 "the gay divorce law".

After they dissolve their Cal STATE partnerships, must they remain "legal strangers"
to each other?

No.

Because the City and County of San Francisco still has its own LOCAL domestic partner registry,
which offers very few rights and obligations. "DP local" means "DP lite". And the SF registry is open to adult couples of all gender combinations -- same-sex or not, senior or not.


SUN asks queer papers and organizations, and the SF Chronicle, to publicize this long-overshadowed local alternative, and similar local registries (if any) in other California
counties or cities.



Freedom until death!
SUN
San Francisco 94142-6937
http://pages.prodigy.net/seniornude
23 September 2004


*[ http://www.sfgate.com/cgi-bin/article.cgi?file=/chronicle/archive/2004/09/20/MNGSL8ROMN1.DTL ]
--------

PS: Here's PART of Rona Marech's excellent report:


Monday, September 20, 2004 (SF Chronicle)
Gays cautious about new partners law/
Some opt out, fearing legal or financial troubles

Rona Marech,
Chronicle Staff Writer


*[ http://www.sfgate.com/cgi-bin/article.cgi?file=/chronicle/archive/2004/09/20/MNGSL8ROMN1.DTL ]

Gay men and lesbians throughout California are poised to celebrate when the state's muscular new domestic partners law takes effect Jan. 1 -- but a funny thing is happening on the way to the ribbon cutting.
Some committed couples are saying thanks, but no thanks.
They are dissolving their current legal partnerships or declining to sign
up, mainly because they're worried that under the new law -- which extends [most] state marriage rights and responsibilities to same-sex partners -- their public benefits could be slashed, or they could wind up in a financial or legal quagmire.
In July and August, more people dissolved their state domestic
partnerships -- 202 and 111, respectively -- than in any month since
January 2000, when the registry started.
Over the summer, the secretary of state's office mailed letters to the
28,083 couples who have registered under the current, weaker law, warning of potentially undesired consequences of the new version and the Jan. 1 deadline for opting out.

[......]

Gale Golden and her longtime partner, Jeanine Reisbig, of San Francisco plan to dissolve their partnership before the end of the year [2004] to avoid jeopardizing Golden's SSI benefits. She has been dealing with chronic pain since a 1989 car accident.
"We will essentially be forced to deregister," Reisbig said.
[.....]

To be sure, registering is critical for some gay couples, particularly
those starting families, because the new law guarantees parental rights to the nonbiological parent, said Patricia Robertson, a professor at
UCSF Medical Center and co-director of the Center for Lesbian Health Research.
But it may not be the most prudent decision for everyone, she said.[....]
Some in the gay community are referring to AB205 as the
"gay divorce law," she said.
Under current law, breaking up is as simple as filling out a
form. With AB205, most couples will have to face court proceedings and
spend money on lawyers.

[.......]

..................................
[sidebar:]


DOMESTIC PARTNER BENEFITS

The [state] domestic partners law enacted in 1999 granted registered couples in California a number of rights, including:
-- The ability to make medical decisions for one's partner.
-- Hospital visitation rights.
-- Access to stepparent adoption procedures.
-- The right to sue for wrongful death of one's partner.
-- The right to live with one's partner in senior housing developments.

On Jan. 1, 2005, when AB205 takes effect, domestic partners will have [most of] the same state rights and responsibilities as married couples, including:
-- Community property rights and obligations.
-- Child custody rights.
-- The right to child support and alimony.
-- Access to housing for married students.
-- Extended family leave benefits.
-- Mutual responsibility for debts.
-- Spousal support obligations.
AB205 does not affect federal law. Domestic partners cannot sponsor a foreign-born partner to become a U.S. citizen. Survivors of domestic
partners are not entitled to collect federal pensions, Social Security or
other death benefits.
Domestic partners still must file tax returns as "single"
under both state and federal law.
--- Rona Marech
---------
Copyright © 2004 SF Chronicle
.........
For the full story, please visit sfGate:

http://www.sfgate.com/cgi-bin/article.cgi?file=/chronicle/archive/2004/09/20/MNGSL8ROMN1.DTL

..........
###