Homosexual Rights
AB 205 and What it Means
The Governor of California recently signed a bill that will give the 21,000 domestic partners living in California many of the same legal child custody, money and property rights as married couples. This bill, known as AB 205, looks to be the logical extension to the rights offered in a 1999 bill that legally recognized domestic partners for the first time in California.
What Rights AB 205 Gives to Domestic Partners
AB 205 is set to come into effect in January 2005. After its commencement California's registered domestic partners would own all state rights and obligations that married couples currently hold. This includes property rights, child custody and arrangements after death. For example, under AB 205 in the event of a death, the remaining partner would be eligible to collect government benefits. It also will give a partner the right to financial support and child custody after a partnership has dissolved. The bill would also create new obligations for domestic partnerships, for example holding partners responsible for another's debt.
What Rights AB 205 Does Not Give to Domestic Partners
AB 205 is ground breaking legislation in the gay rights arena, but because it is a California state law it has limitations. According the United States Constitution any conflict between a state and a federal law will be resolved by the federal law overruling the state law. When applied to AB 205 this means that a domestic partnership could file joint tax returns for the state, but not for their federal government. Domestic partners would not be eligible for other federally sponsored programs such as Social Security, Medicare and veterans' benefits. Even with its limitations as a state law cabinet secretary Daniel Zingale calls the signing of this bill, "a tremendous leap forward." He also stated in an article published in the Los Angeles Times that he believes that, "It positions California in the forefront of equal rights and responsibility for lesbian and gay Californians."
Resistance to the Bill
The signing of AB 205 does position California as a leader a leader in gay and lesbian rights. But, not everyone in California is excited about the signing of the bill. A huge amount of resistance against AB 205 has come from the Republican minority in the California legislature. In fact, all 32 Republican members of the state assembly and senate voted against the bill. On the flip side all the Democratic members of the senate and assembly supported the bill and their majority standing allowed the bill to pass with a 41-32 vote. With such a gaping party split on the issue the upcoming recall election becomes an important factor. If the new California governor was a member of the Republican Party then the Democratic parties hold as the majority status in the senate and assembly would weaken. AB 205 and future bills like it would lose vital support. Republicans claim that AB 205 undermines Proposition 22. Proposition 22 was a measure that was passed in California in March of 2000 that declares only marriage between a man and a women as recognizable in California.
Does AB 205 Undermine Proposition 22?
Does AB 205 undermine Proposition 22? By giving two people the right to jointly file their taxes is the state supporting gay marriage? No, AB 205 should be seen for what it is, an expansion of the rights given to domestic partners. Domestic partnerships are both homosexual and heterosexual; in fact they do not have to be sexual at all. To qualify for the rights and privileges under the new law one partner must be over the age of 62 and the couple must attest to the secretary of state that they are living together and agree to jointly be responsible for each other's living expenses. No where in the bill does it mention marriage. (Los Angeles Times. "Domestic Partners Law Expands Gay Rights" 9/20/03 A 1 and 24)