California’s landmark domestic partnership law goes into effect on Jan. 1, but many same-sex couples are choosing not to register, or are even dissolving their current legal partnerships.

Many committed couples are worried they could lose public benefits or face financial or legal trouble under the new law, which extends state marriage rights and responsibilities to same-sex partners. Then-Gov. Gray Davis signed AB 205 into law in August 2003.

More people terminated their state domestic partnerships in July and August 2004 than in any month since January 2000, when domestic partnership registry began.

Over this past summer, the 28,083 couples, which have registered under the current, weaker law, received letters from the secretary of state’s office warning of potentially undesired consequences of the new law and the Jan. 1 deadline for opting out. Observers wonder if those letters prompted many of the domestic partner terminations.

Locally, The Center has become a major source of information for couples that are still deciding how AB 205 will affect their relationship when it goes into effect at the end of the year.

“Hundreds of local couples have contacted the public policy department to get more information on the changes in the law,” AJ Davis, director of The Center’s public policy department said. “Most often, couples have questions about parental rights, insurance coverage and financial responsibilities and how they will be affected when AB 205 and AB 2208 [the California Insurance Equality Act] go into effect on January 1.”

For some same-sex couples, particularly those starting new families, registering is critical because the new law guarantees parental rights to the non-biological parent.

“The fact that so many couples are seeking legal and financial advice and attending seminars on domestic partnership shows that our community is taking these new rights and responsibilities very seriously,” Davis said. “We finally have access to some of the important protections that are absolutely necessary for our families. Each couple’s situation is unique and – much like marriage for heterosexual couples – for some, domestic partnership makes sense, while others may be better served by protecting their relationship in different ways.”

For some, the risks outweigh the benefits. Specifically, some couples worry that they’ll lose their Medi-Cal coverage if they register with the state. Eligibility for Medi-Cal and other programs for single parents like Supplemental Security Income for disabled people and the Cash Assistance Program for Immigrants are partly based on married couple’s income and assets.

“I am aware of couples who have been together for many years and who plan on staying together for many more, but who have decided that domestic partnership – under the expanded rights and responsibilities – is not the right choice for them,” Davis said. “It is the same decision that heterosexual couples face when choosing whether or not to marry. The important piece to all of this is that we have that choice.”

Randy Cupp of San Francisco believes the new law is an important step toward equal rights, but doesn’t plan to register with his partner, Jeff Tarvin. Both men are HIV-positive and collect disability. Tarvin also receives Medi-Cal, which covers all his medical care.

“If you’re going to give us the responsibilities, you need to give us the benefits as well,” Cupp, 41, told the San Francisco Chronicle. “That was my overall feeling about it.”

The state concedes that such benefits could be at risk, while Medi-Cal says it has not yet figured out how to treat domestic partners under AB 205.

Meanwhile, some wealthy same-sex couples are hesitant to register because they don’t want their income, assets and debt to become community property. Under the new law, they could lose half their assets if they dissolve a partnership.

Paying taxes is another complicated matter, partly because registered partners won’t be allowed to file either federal or state taxes jointly.

“Folks can get more information about AB 205, domestic partnership and other recommended relationship protection documents by visiting the domestic partnership information page on The Center’s website, going to the National Center for Lesbian Rights website at www.nclrights.org and by attending seminars at The Center,” Davis added. “The Center has an AB 205/domestic partnership speakers bureau comprised of legal and financial professionals that are available to provide presentations to groups, agencies and businesses on how domestic partnership laws are changing and how the new laws will effect them. Any group or organization may call The Center to request a presentation.”

Advocates are also advising undocumented immigrants in relationships with U.S. citizens to stay away from the registry because it could be interpreted as an intent to stay in the United States, possibly leading to deportation.

“The problem is, you can’t get enough information about this to make a reasonable decision,” said Patricia Robertson, co-director of the Center for Lesbian Health Research. “Whoever is going to do this has to be courageous and be the test case.”

On Oct. 6, The Center will be hosting its next domestic partnership seminar from 6:30 to 8:00 p.m. Family law attorneys and an estate planner will be on hand to cover some of the important changes in the law, to answer the community’s questions about domestic partnership and to provide resources on where to get more specific information for each family’s unique situation. Childcare will be provided and a notary will be on hand to notarize domestic partnership registrations and terminations at no cost.