While California’s domestic partnership laws grant certain rights to same-sex couples, they do not provide all of the rights of marriage. On October 9, 2011, the legislature and Governor Brown corrected some of that inequity by passing the Domestic Partnership Equality Act. Effective in January, the law will provide for several rights already existing in marriage. Erik Newton, a partner at the San Francisco family law firm Heath-Newton, outlines some of the key provisions of the act.
First, and arguably most importantly, the law will allow same-sex couples married in California but living in states that do not recognize their marriage, to get divorced in California. Previously, these couples were stuck in limbo-unable to get divorced, and having a marriage only recognized in certain states. This provision of the law corrects a serious conundrum for same-sex couples. The Federal Defense of Marriage Act (DOMA) allows states to not recognize same-sex marriages consummated in another state.
“Many people hoping to marry their same-sex partner go to one of the few places allowing it, but then are shocked to see that they cannot get divorced in their home state when the marriage dissolves. Same-sex marriage then becomes a prison instead of a liberating institution,” explains Newton. Only six states, Washington D.C. and two tribal nations have marriage equality. 30 states ban same-sex marriage by constitutional amendment and 11 states ban it by statute alone.
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