With the New Year, broad new rights and responsibilities become effective for all California-registered domestic partners. When former Governor Gray Davis signed AB 205 last year, the bill was written to take effect on Jan. 1, 2005 in order to provide time for three notices to be mailed to every registered domestic partner in the state. If you are a registered domestic partner and you have not terminated your existing partnership you and your partner now will be subject to all the provisions of AB 205. And it’s a good thing!

This legislation provides sweeping protections for gay and lesbian couples in registered domestic partnerships. Except for Vermont’s civil unions and unlike the marriages in Massachusetts that will be subject to further court action and ballot measures, AB 205 enacts in statute thousands of changes in California law that are a tremendous advance for those of us in registered partnerships.

Some of these changes include but are not limited to:

- fiduciary duty between partners (responsibility for each other’s debts)

- rights and duties of support after termination of a partnership

- joint ownership of property acquired during the partnership (community property)

- presumption of parenthood regarding children born during partnership

- ability to avoid probate of joint property

- right to take family leave to care for your partner

Many sections of California family law are addressed by AB 205, yet there are some important rights that we do not yet have. We cannot file joint state tax returns, nor is it resolved that real estate property reassessment upon the death of a partner is not allowed. Moreover, all federal laws dealing with taxes, veterans’ benefits, social security and much more are not affected by AB 205. Federal laws prevail and the federal government does not recognize domestic partnerships.

Although AB 205 is a great advance toward equality and I am proud to co-author such a historic bill, it will take time for its effect to be fully understood. There are areas of the law where the rights and responsibilities of domestic partnerships are not clear. We need to educate ourselves about the changes in law. Two organizations that can help are Lambda Legal Defense and Equality California.

Finally, your best protection for yourself and your partner is to review any legal questions with your family attorney. If you don’t have one, I strongly urge you to call the Tom Homann Law Association or the Greater San Diego Business Association and ask for a recommendation to one of our excellent community attorneys. If a particular question comes up about real estate, employment or retirement benefits or other important assets, it is critical to have sound legal advice as soon as possible.

AB 205 is the law in California. Now it is time for us to educate ourselves about the many aspects of this landmark bill.