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California Joins Vermont in Granting Gay Spousal Rights
California Joins Vermont in Granting Gay Spousal Rights
But will the honeymoon be over before it even starts?
by Susan McMillan
California has joined Vermont in significantly narrowing the legal gap between gay and straight couples. The Domestic Partners Rights and Responsibilities Act of 2003 (AB 205) grants registered same-sex couples privileges so extensive that the conservative American Family Association calls it "gay marriage."
Vermont, however, still leads the way. In Vermont, same-gender couples with civil unions can file their state taxes jointly. In California, according to some news reports, they cannot.
Governor Gray Davis signed the landmark domestic partnership bill just three weeks before losing a recall vote in which Republican candidate Arnold Schwarzenegger won the most votes among a field of 135 governor-wannabes. "I want every Californian to find solace and love and comfort in a relationship with another human being of their choosing. I want to make sure they have the rights and responsibilities to make that work," Davis was quoted in the San Francisco Chronicle. The pro-gay Davis signed the nation's first statewide registry of domestic partnerships in 1999. There are now 22,000 couples registered.
AB 205 addresses many of the enormous array of rights and responsibilities inherent in a heterosexual marriage, including child custody and support, health care coverage, joint ownership of property, alimony, decision-making authority in burials and medical treatment of a partner's child, and the right to sue for loss of consortium. It affects transactions as varied as car rentals, absentee ballots, small claims court filings, student housing, overnight visitation in prison, and commercial fishing licenses.
Marriage Equality California, a grassroots non-profit dedicated to ending marriage discrimination, reports that there are over 4,600 California laws treating people differently based on marital status. Although not comprehensive, the new domestic partnership law offers sweeping protection for same-sex partners. It has no affect on the more than 1,000 rights and benefits granted to married couples by the federal government.
This tremendous step forward may be at risk at the hands of Mr. Universe. Just days before the recall election, the Chronicle reported that Schwarzenegger would not have signed the domestic partnership legislation. New York's Gay City News quoted his aide, "If he had been governor when the bill hit his desk he would not have signed it." Schwarzenegger's campaign website stated, "Marriage is unique to a man and woman. That said, I do believe that gay couples are entitled to full protection under the law and should not be discriminated against based on their relationship." Although appearing to take a moderate position, Schwarzenegger's actions and his alliances tell a different story.
For weeks, gay advocates called for Schwarzenegger's position on lgbt rights. As reported in Frontiers news magazine, Schwarzenegger's office did not complete questionnaires sponsored by Equality California, California's largest LGBT civil rights organization, or the California Log Cabin Republicans, which announced their "enthusiastic endorsement" anyway. The California Republican Party (CRP) states in its platform, "We oppose granting to homosexuals special privileges, including marriage, domestic partnership benefits, and child custody or adoption." In spite of their divergence from the candidate's stated position, CRP endorsed the movie-actor candidate.
Schwarzenegger's post-election appointments may contain the best evidence of his position on LGBT issues. The governor-elect chose Rep. David Dreier to lead his transition team. Dreier's record in Congress on lgbt issues is dismal. He was recently chosen for the Family Research Council's True Blue Member list because he "consistently voted pro-life and pro-family on significant votes" in Congress. Another member of the transition team, Rob Stutzman, in 2000 successfully led the 'Yes on 22' campaign for the 'Knight Initiative,' writing into California law that "only marriage between a man and a woman is valid or recognized in California."
Although Schwarzenegger's staff is conspicuously stacked with conservatives, he will face a Democratic legislature, and he does not have the authority to undo AB 205. However, the same-gender couples' rights bill is not yet out of harm's way. Lawsuits and ballot measures challenging the measure were initiated as soon as Davis signed the law. Senator Pete Knight (author of the Knight Initiative) filed suit claiming AB 205 violated Prop. 22. Knight also sponsored a ballot initiative, which, if successful, will prevent the implementation of the domestic partnership law, not scheduled to take effect until January 1, 2005.
The battle over legal equality for same-gender couples is not taking place in Sacramento alone. On October 3, President Bush declared Marriage Protection Week (October 12-18). This initiative, supported by ultraconservative groups including the American Family Association and the Family Research Council (FRC), is the launching point for an all-out campaign to pass an anti-gay federal marriage amendment.
FRC President Tony Perkins has promised to make this THE issue of 2004, declaring, "I am convinced that whoever defines marriage and family today will determine the history of our country and ultimately that of Western civilization." Former federal judge Robert Bork, quoted at Nogaymarriage.com, considers the fight for the amendment so critical, he refers to the controversy as "the Gettysburg" of our times.
The implications are huge. This fall, we have witnessed historic civil rights advances in California. And as we celebrate, the far right is rushing to accelerate its anti-gay activities.
Susan McMillan moved to Vermont from Alaska by way of California, loves animals, and lives with her partner in Charlotte.