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Assemblymembers Christine Kehoe and Jackie Goldberg, authors of AB 17 and AB 205, respectively
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California Assembly approves landmark GLBT legislation
Bill would grant same-sex couples most of the same rights and responsibilities as marriage
Published Thursday, 12-Jun-2003 in issue 807
SAN FRANCISCO (AP) — The California Assembly approved sweeping legislation June 4 that would grant same-sex partners most of the same spousal rights — and responsibilities — as married couples.
Passed on a 41 to 29 vote, the bill does not authorize gay men and lesbians to marry. But it would guarantee people who register as domestic partners legal and financial benefits ranging from the ability to file joint income taxes to the standing to petition courts for child support and alimony. The bill was introduced by openly lesbian Assemblymember Jackie Goldberg (D-Los Angeles).
“What it means for both same sex and senior couples is we are about to see California enact a law that will provide them significant rights and protections that they presently don’t have, and provide civil rights protections for lesbian and gay couples that no legislature has voluntarily passed in the history of this country,” said Geoffrey Kors, executive director of Equality California (formerly CAPE), a GLBT lobby group.
During an hour-long debate, supporters characterized the measure as “landmark legislation,” while opponents criticized it as weakening the institution of marriage.
In an effort to defeat the bill, Republican lawmakers argued that the measure conflicts with Proposition 22, a 2000 ballot measure which defined marriage as applying only to a man and a woman.
“There are alternative lifestyles. Fine, do your own thing. It’s your business,” said Assemblymember Tim Leslie (R-Tahoe City). “But I don’t want the government to be instituting this lifestyle as an acceptable alternative lifestyle.”
In a separate bill, the Assembly passed a measure that requires state contractors to extend benefits to domestic partners. The bill, sponsored by Christine Kehoe (D-San Diego), passed on a 42-30 vote.
The requirement can be waived in emergencies and when there is only one bidder. By reducing the number of bidders and decreasing competition, the bill is expected to cost the state millions of additional dollars on the more than $6 billion spent annually on state contracts.
In 1999, California became the first state to allow gay and lesbian couples, as well as elderly couples, to register as domestic partners. Two years ago, the Legislature passed a measure providing registered domestic partners about a dozen rights previously available only to heterosexual spouses or next of kin, including the right to make medical decisions for incapacitated partners, to sue for a partner’s wrongful death and to adopt a partner’s child.
Goldberg’s measure expands on those efforts by extending to registered same-sex couples, who now number over 19,000, every other marriage-based entitlement that could be amended under state law without a two-thirds vote.
They include access to family student housing, bereavement and family care leave, exemptions from estate and gift taxes, child custody and visitation hearings, and health coverage under a spouse’s insurance plan.
Other rights once available only to a husband or wife that would be covered by the bill are the right not to be forced to testify against a partner at trial, the ability to apply for absentee ballots on a partner’s behalf, and in the event of a loved one’s death, the authority to consent to an autopsy, donate organs and to make funeral arrangements.
In addition, the legislation carries new obligations. Registered couples would be responsible for their partner’s debts, would have their income factored into their partner’s eligibility for public assistance benefits, and would be required to disclose their relationships to avoid nepotism and conflicts of interest.
Gov. Gray Davis, who signed the earlier domestic partner legislation, has not yet taken a position on Goldberg’s bill. An analysis released by the Williams Project at the University of California, Los Angeles and the Institute for Gay and Lesbian Strategic Studies found it would save the state hundreds of millions of dollars in welfare and health benefits.
Randy Thomasson, executive director of Campaign for California Families, said that if the new domestic partner law makes it through the Legislature and past Davis’ desk, his group would sue to prevent it from becoming law on the grounds that it violates the spirit of the voter-approved Prop. 22.
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