How Proposition 8 Effects California Marriage and Domestic Partnership

When the residents of California validated Proposition 8 on May 15, 2008, the state of California marriage and domestic partnership raised valid questions.  Domestic partnerships remain recognized since September 19, 2003.  On the same note, same sex marriages continue lawfully for those that occurred between the dates of June 16, 2008 and November 4, 2008.  However, federal law allows other states to deny recognition of same sex marriages.

Proposition 8 Makes History

Proposition 8 was slated as a huge event for lesbian and gay activists in the state of California.  It was a neck and neck race for those for Propositon 8 — the banning of same sex marriage with 52% of the votes — and those against Proposition 8 fighting for same sex marriage rights, losing with 47% of the votes.  Starting November 5, 2008, California marriage will only be recognized between a man and a woman.

Same Sex Marriage Gone: Domestic Partnerships Going Strong

However, domestic partnerships remain intact.  Any couple sharing residence with each other may enter into a domestic partnership.  This means that any gender combination of partnership has access to many of the same privileges of a married couple such as child custody issues, financial rights, and health benefits.

Why Choose a Domestic Partnership?

As a result, couples living together — both same sex and opposite sex –  have decided to enter into domestic partnership instead of marriage.  They are easier to dissolve, yet in a court, you are still offered protection with dissolution of assets, child custody, and support.  Furthermore, if something happened to one of the people in the domestic partnership, the other would have access to all types of records.  They would also be able to make funeral arrangements and hospital visits as a member of the other’s family.

Since California marriage and California domestic partnerships are both treated as a legal entity, both forms of records are public.  All you have to do to pull up records for a California marriage, divorce, or status of a domestic partnership is click here.