san diego
Marriage is important; but in the meantime, learn your rights
The Center to host educational forum on new domestic partnership law
Published Thursday, 01-Apr-2004 in issue 849
On Wednesday, April 7, The National Center for Lesbian Rights, The Center, Equality California and Family Matters are sponsoring an educational forum on AB 205, the Domestic Partner Rights and Responsibilities Act of 2003 that goes into effect Jan. 1, 2005. The bill is the nation’s most comprehensive domestic partnership legislation for GLBT individuals, couples and families, and gives GLBT couples many of the rights awarded previously only to heterosexual married couples. The forum will also give local and national updates on the marriage equality movement, and a notary will be available to register couples as domestic partners.
“We will discuss the rights and responsibilities that this historic legislation makes available to LGBT Californians and their families, the importance of coalition building, the role of grassroots activists and the importance of electing LGBT legislators as well as non-LGBT legislators who support equality for us and our families,” said Jeffrey Mittman, special projects manager of Equality California’s San Diego office.
According to AJ Davis, director of public policy at The Center, the GLBT community is consistently denied the rights married couples receive, and must become educated regarding the rights, protections and responsibilities available to them, while working towards marriage equality. AB 205 is available not only to same-sex couples, but to senior same- and different-sex couples as well.
Though The Center has hosted several educational forums on domestic partnership and Davis has presented domestic partnership workshops at organizations, businesses and events like Commitment Expo and VaginaFest, she said more education and outreach are needed because many people are still unaware of the importance of AB 205.
“This legislation drastically changes the landscape of domestic partnership in California, and couples who are currently registered or who are considering registering need to become educated on what domestic partnership will entail after Jan. 1, 2005,” she said, noting that both the GLBT and senior communities are progressively more aware of the rights available to them and the responsibilities that come with those rights.
AB 205 goes beyond Vermont’s civil unions legislation with regards to GLBT civil rights, and grants more than 300 rights and responsibilities to domestic partners. The bill, authored by State Assemblymember Jackie Goldberg (D-Los Angeles), passed in September 2003 primarily due to the efforts of State Assemblymember Christine Kehoe, the LGBT Caucus, and Equality California, which is the lobbying organization that helped move AB 205 through the state legislature.
Rights granted by the legislation include the right for domestic partners to make funeral arrangements; to receive death benefits for the surviving partners of firefighters and police officers; to receive public assistance upon the death of a partner; and the right to victim’s compensation (which domestic partners do not currently have under California law). AB 205 also grants domestic partners medical leave, family care and bereavement leave; pension rights for certain categories of people; and the right to not have to testify against their partners in court. The bill recognizes GLBT relationships in family court, custody provisions and child support obligations, joint assessment of income and mutual responsibility for debts, community property protection, equality and fairness in workman’s compensation, and equality for domestic partners in student family housing, senior citizen housing and rent control.
Last November, the San Diego Coalition for Domestic Partnership Rights participated with Equality California in an intensive four-month effort to defeat Senator William J. “Pete” Knight’s efforts to roll back AB 205. Unable to gather enough signatures by the March ballot deadline, Knight gave up his attempt at a referendum and decided to challenge AB 205 in court instead.
The San Diego Coalition for Domestic Partnership Rights has since evolved into San Diegans Against Marriage Discrimination, and is continuing to fight against the proposed federal amendment banning same-sex marriage.
“Senator Pete Knight and an anti-LGBT organization filed two lawsuits last year challenging AB 205 claiming it was a violation of Proposition 22,” Mittman said. “Equality California intervened in these lawsuits and is a party to both so that we can defend this legislation, just as we are doing in the various marriage lawsuits. The two cases are presently before the Sacramento Superior Court. In addition, when Equality California discovered that various ultra-conservative, extremist organizations were also threatening AB 205 via a proposed referendum challenge, we formed Equality for California Families, a campaign committee dedicated to protecting the rights of LGBT Californians at the ballot box. … We remain on-guard against expected future attacks by those who wish to continue legalized discrimination against the LGBT community.”
“The entire national landscape of relationship recognition is being examined and debated as we watch legislators and courts across the country take up this issue,” Davis said.
Mittman said Equality California’s ongoing California Voter Project, a statewide effort to register, educate and identify voters who favor equal rights for GLBTs and their families, incorporates information about AB 205 into their canvasser training sessions. “Although the emphasis of the project is on marriage equality, canvassers will be provided information about what AB 205 does do and why domestic partnerships and civil unions, while incredibly important, are not equal to marriage,” he said.
The forum will be held at The Center from 6:30-8:00 p.m. Call (619) 692-2077 ext. 212 for more information. For information about how to register for the California Voter Project, call (619) 692-2077 ext. 211.
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