California Law Expands Marriage Rights to Same-Sex Couples

January 7, 2005

By Lisa Weiner-Mahfuz, Senior Field Organizer

On Jan. 1, California's new domestic partnership law, AB 205, went into effect. In a year full of ups and downs on the Lesbian/Gay/Bisexual/Transgender (LGBT) landscape, AB 205 is another important milestone.

Through registered domestic partnerships, this law greatly increases the status of LGBT people in the state of California. According to AB 205, "[r]egistered domestic partners shall have the same rights, protections, and benefits, and shall be subject to the same responsibilities, obligations, and duties under [California state] law . . . as are granted to and imposed upon spouses."

Major changes for same-sex couples address community property and financial obligations, parental rights and responsibilities, public benefits, and health care and end-of-life issues.

NOW Action Vice President Olga Vives says, "This new law moves forward our work toward fairness, equality and justice. We will achieve full marriage equality as more states take affirmative steps towards this end goal."

Domestic partners registered in California still will be denied all of the 1,100-plus federal rights and responsibilities granted to different-sex couples and will not be protected if they travel or move out of state.

AB 205 did not go into effect without a fight. On Dec. 21, 2004, a state appeals court denied a request by anti-gay activists to prevent the bill from becoming law. This was the second time since September that anti-LGBT activists attempted to block the law.

Equality California and 12 same-sex couples who are registered domestic partners intervened to defend AB 205 in the lawsuit filed by anti-LGBT activists. Equality California and the couples are represented by the National Center for Lesbian Rights, the American Civil Liberties Union, the ACLU affiliates in Northern California, Southern California and San Diego, Lambda Legal and private counsel.

For more information on AB-205 or the California marriage equality case, please visit the National Center for Lesbian Rights.