) |
| Family law |
|---|
| Entering into marriage |
| Prenuptial agreement · Marriage |
| Common-law marriage |
| Same-sex marriage |
| Legal states similar to marriage |
| Cohabitation · Civil union |
| Domestic partnership |
| Registered partnership |
| Dissolution of marriage |
| Annulment · Divorce · Alimony |
| Issues affecting children |
| Paternity · Legitimacy · Adoption |
| Legal guardian · Ward |
| Emancipation of minors |
| Parental responsibility |
| Contact (including Visitation) |
| Residence in English law |
| Custody · Child support |
| Areas of possible legal concern |
| Spousal abuse · Child abuse |
| Child abduction |
| Adultery · Bigamy · Incest |
| Conflict of Laws Issues |
| Marriage · Nullity · Divorce |
A domestic partnership is a legal or personal relationship between individuals who live together and share a common domestic life but are not joined in a traditional marriage or in a civil union. However, in some jurisdictions, such as California, domestic partnership is in fact nearly equivalent to marriage, or to other legally recognized same-sex or different-sex unions. The terminology for such unions is still evolving, and the exact level of rights and responsibilities conferred by a domestic partnership varies widely from place to place.
Some legislatures have voluntarily established domestic partnership relations by statute instead of being ordered to do so by a court. Although some jurisdictions have instituted domestic partnerships as a way to recognize same-sex unions, domestic partnerships may involve either different-sex or same-sex couples.
In some legal jurisdictions, domestic partners who live together for an extended period of time but are not legally entitled to common-law marriage may be entitled to legal protection in the form of a domestic partnership. Some domestic partners may enter into domestic partnership agreements in order to agree contractually to issues involving property ownership, support obligations, and similar issues common to marriage. (See effects of marriage and palimony.)
One of the purposes of domestic partnership relation is to recognize the contribution of one partner to the property of the other. In the common law, devices such as the constructive trust are available to protect spouses in legal or common-law marriages. In civil law jurisdictions, such trusts are generally not available, prompting courts to find alternative ways to protect the partner who contributes to the other's property.
In the United States
Origin of term in California municipalities
West Hollywood
The phrases domestic partner and domestic partnership were first used to describe living arrangements in 1985, according to The American Heritage Book of English Usage. In that year, West Hollywood city council member John Heilman successfully introduced domestic partner legislation for city residents and employees that was passed by the city council and created the first domestic partnership registry.San Francisco
However, that was not the first domestic partner law in the United States. After the 1979 death of Harvey Milk in San Francisco, gay rights activist Tom Brougham came up with a definition of domestic partnership that is now universally used, and was designed to include everything about marriage except sexual orientation. According to Brougham, the definition was that the couple must be more than 18 years old and mentally competent to make a contract. Furthermore, his position was that Domestic partners must publicly declare the partnership and pledge to be responsible for each other.In 1982, Brougham's definition was radically changed by Supervisor Harry Britt (a gay man appointed to replace Harvey Milk) including not just couples but just about any two people who lived together. Britt's version was adopted and passed by the San Francisco Board of Supervisors, but Dianne Feinstein, mayor of San Francisco at the time, came under intense pressure from the Catholic Church and subsequently vetoed the bill. Not until 1989 was a domestic partnership law adopted in the city of San Francisco.[1]. As of December 2006, the city still offers a domestic partnership status separate from that offered by the state; city residents can apply for both.
Berkeley
In 1983 the City Council of Berkeley, California, under the leadership of Mayor Gus Newport, ordered their Human Relations and Welfare Commission to develop a domestic partnership proposal. The Commission appointed its Vice-Chair, Leland Traiman, a gay activist, to head the Domestic Partner Task Force and draft a policy. Working with Tom Brougham, members of the East Bay Lesbian/Gay Democratic Club, and attorney Matt Coles, the Domestic Partner Task Force drafted what has become the template for domestic partner/civil union policies around the world. The City of Berkeley's Human Relations and Welfare Commission held a public hearing early in 1984 on "Examining the Use of Marriage to Determine Benefits and Liabilities in Berkeley and the Alternatives." A policy was adopted by the Commission and presented to the City Council. A copy was sent to the Berkeley School Board. The City Council voted down the proposal, citing financial concerns. In August 1984, the Berkeley School Board enacted the policy by a 4 to 1 vote. The school board motion was made by Ethel Manheimer, a disabled lesbian.In November 1984, all the city council members up for election who had voted against the policy lost reelection. Progressives from the Berkeley Citizens' Action (BCA) slate who replaced them had voiced strong support for a domestic partner policy. The East Bay Lesbian/Gay Democratic Club had worked hard to elect the BCA Slate. At the first meeting of the new City Council in December 1984, the Berkeley City Council, by a vote of 8 to 1, enacted a policy extending employee benefits to unmarried couples of any sex. The first couple to file for benefits under Berkeley's sex-neutral policy were activist and city employee Tom Brougham and his partner Barry Warren.
However, the City Council did not create a registry for domestic partners until 1991. October 11 of that year, 28 homosexual men & women couples and one heterosexual couple signed up. Tom and Barry were the first couple to put themselves on Berkeley's public registry of domestic partners. Leland Traiman and his partner, Stewart Blandón, were the third to do so. Also registering that day was the daughter of Loni Hancock, the then-mayor of Berkeley.
California, statewide
On September 4, 2003 the California legislature passed an expanded domestic partnership bill, extending nearly all the legal rights of married couples to people in same-sex partnerships. This effectively transformed California domestic partnerships into civil unions. Potentially serious legal issues arise from the conflict between state domestic partnership and same-sex-marriage laws, and the structure of U.S. Federal law, which, under the Defense of Marriage Act, explicitly does not extend Federal law recognition to those unions. This means that, for example, though they may essentially be "married" under the law of some states, partners would not be entitled to spousal "collateral" rights to Social Security and will not be treated as "spouses" for purposes of any Federal tax law.
The State of California has developed an Online Self-Help Center that provides resources and information to assist domestic partners in many areas, including filing domestic partnerships, dissolving domestic partnerships,parenting issues, tax issues, and more.
District of Columbia
Washington, D.C., has recognized domestic partnerships since 1992. However, Congress prohibited the District from spending any local funds to implement the law. The prohibition was lifted in the federal appropriations act for the District for the 2002 fiscal year. Domestic partnership in the District is open to both same-sex and opposite-sex couples. All couples registered as domestic partners are entitled to the same rights as family members to visit their domestic partners in the hospital and to make decisions concerning the treatment of a domestic partner’s remains after the partner’s death. The measure also grants District of Columbia government employees rights to a number of benefits. Domestic partners are eligible for health care insurance coverage, can use annual leave or unpaid leave for the birth or adoption of a dependent child or to care for a domestic partner or a partner's dependents, and can make funeral arrangements for a deceased partner. The Domestic Partnership Equality Amendment Act of 2006, D.C. Law 16-79, came into effect on April 4, 2006. This act provides that in almost all cases a domestic partner will have the same rights as a spouse regarding inheritance, probate, guardianship, and other rights traditionally accorded to spouses [1].
Maine
Oregon
The governor of Oregon, Ted Kulongoski, signed a domestic partnership bill bill into law on May 9th, 2007. Called the Oregon Family Fairness Act, the law would provide several major rights to same-sex couples that were previously only given to married couples, including the ability to file jointly on insurance forms, hospital visitation rights, and rights relating to the deceased partner. The law takes effect on January 1st, 2008 [3].
Washington
Other states
Unions in New Jersey, Connecticut and Vermont offer civil unions equivalent to marriage in all but the title, while only the state of Massachusetts offers full marriage rights to same-sex couples. New Hampshire will become the fourth US state to offer civil unions. The New Hampshire House of Representatives passed civil unions legislation on April 5, 2007 (243 votes for, 129 against), and the New Hampshire Senate (14 votes for, 10 against) passed civil unions legislation on April 26, 2007. New Hampshire Governor John Lynch (D) signed the bill on May 31, 2007. The law takes effect in January of 2008.Failed Attempts: After passing both houses of the General Assembly, a referendum on domestic partnerships came before Colorado voters in November 2006, but was defeated, while the constitutional same-sex marriage ban passed during the same election.
In Europe
Portugal, Hungary and Croatia have domestic partnerships, whereas most other nations in Europe recognize some form of civil unions, also called a registered partnership, or civil partnership for same-sex partners, which afford rights similar to marriage to LGBT couples.In Hungary domestic partnership in the form of unregistered cohabitation offers a limited set of rights compared to marriage (more in the field of health and pension; but no inheritance), although a growing number of Hungarian couples (heterosexual included) choose this kind of partnership instead of marriage. Registration of partnerships is under consideration as part of the introduction of the new Civil Code, which is expected to be introduced in Parliament by the end of 2007. Some politicians of SZDSZ and MSZP argue for the introduction of marriage for same-sex couples.
In Oceania
Australia
In Australia, all states and territories, plus the cities of Melbourne and Sydney, now offer domestic partnerships (called significant relationships in Tasmania) to same-sex couples. Nevertheless, as of July 2007, the Australian national government still discriminates against same-sex couples in 58 statutes and provisions, and bans the recognition at a national level of all same-sex marriages, unions, or partnerships. The national government is also considering a ban on adoption by same-sex couples as well.
- Australian Capital Territory (Domestic partnership provided from 1994) http://www.austlii.edu.au/au/legis/act/num_act/dra199428o1994299/.
- New South Wales (Domestic partnership provided from 1999) http://www.actsofpassion.nsw.gov.au/ http://www.lawlink.nsw.gov.au/samesex
- Norfolk Island No information on Norfolk Island.
- Northern Territory (Domestic partnership provided from 2003) http://www.actwin.com/eatonohio/gay/ntla.html
- Queensland (Domestic partnership provided from 2005) http://www.legislation.qld.gov.au/LEGISLTN/ACTS/2002/02AC074.pdf
- South Australia (Domestic partnership from 2007) http://www.legislation.sa.gov.au/LZ/C/A/STATUTES%20AMENDMENT%20(DOMESTIC%20PARTNERS)%20ACT%202006.aspx http://www.pinknews.co.uk/news/articles/2005-3200.html
- Tasmania ("Registry system/Significant Relationships" provided from 2004) Domestic partnership in Tasmania
- Victoria (Domestic partnership from 2001 and a "registry system" will be provided from 1 December 2007). http://www.austlii.edu.au/au/legis/vic/bill/cub2006167/, http://www.over-the-rainbow.org/main/topic1_3.htm and http://over-the-rainbow.org/about.htm
- Western Australia (Domestic partnership provided from 2002) http://galewa.asn.au/
See also
New Zealand
Since 2005, New Zealand has offered civil unions for all couples, whether same-sex or different-sex. The rights and responsibilities conferred by New Zealand civil unions are nearly identical to those of marriage, with the major exception that civil union couples are not allowed to adopt children jointly.
See also
References
| Close relationships |
) |
| Affinity • Attachment • Bonding • Casual • Cohabitation • Compersion • Concubinage • Courtship • Divorce • Dower/-ry • Friendship • Family • Husband • Infatuation • Intimacy • Jealousy • Limerence • Love • Marriage • Monogamy • Nonmonogamy Office romance • Passion • Partner • Pederasty • Platonic love • Psychology of monogamy • Relationship abuse Romance Sexuality Separation • Wedding • Widowhood • Wife |
1. ^ [3]
2. ^ [4]
3. ^ (2007-05-09) "Oregon Gov. Signs Gay Rights Bills". 365Gay.com. Retrieved on 2007-05-13.
4. ^ Gregoire signs domestic partnership measure into law. Retrieved on May 25, 2007.
5. ^ State's high court upholds ban on gay marriage. Retrieved on April 23, 2007.
2. ^ [4]
3. ^ (2007-05-09) "Oregon Gov. Signs Gay Rights Bills". 365Gay.com. Retrieved on 2007-05-13.
4. ^ Gregoire signs domestic partnership measure into law. Retrieved on May 25, 2007.
5. ^ State's high court upholds ban on gay marriage. Retrieved on April 23, 2007.
See also
- same-sex marriage
- registered partnership
- civil union
- common law marriage - defacto partner
- Domestic partnership in California
- Same-sex marriage in California
- Domestic partnership in Maine
- Heterosexism
Family law is an area of the law that deals with family-related issues and domestic relations including, but not limited to:
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Family law
Entering into marriage
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Same-sex marriage
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Common-law marriage (or common law marriage), sometimes called informal marriage or marriage by habit and repute is, historically, a form of interpersonal status in which a man and a woman are not legally married.
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Cohabitation is an emotional and physical intimate relationship which includes a common living place and which exists without legal or religious sanction.
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Description
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A civil union is a legally recognized union similar to marriage. Beginning with Denmark in 1989, civil unions under one name or another have been established by law in many developed countries in order to provide same-sex couples with rights, benefits, and responsibilities similar
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Registered partnership is one of several terms synonymous with a civil union or civil partnership similar to marriage, typically created in order to provide same-sex couples the legal and social benefits of traditional marriage and thus could be described as quasi marriages.
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Annulment is a legal procedure for declaring a marriage null and void. Unlike divorce, it is retroactive: an annulled marriage is considered never to have existed.
In strict legal terminology, annulment refers only to making a voidable
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In strict legal terminology, annulment refers only to making a voidable
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Divorce or dissolution of marriage is the ending of a marriage before the death of either spouse.
It can be contrasted with an annulment, which is a declaration that a marriage is void, though the effects of marriage may be recognized in such unions, such as spousal
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It can be contrasted with an annulment, which is a declaration that a marriage is void, though the effects of marriage may be recognized in such unions, such as spousal
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worldwide view.
Family law
Entering into marriage
Prenuptial agreement · Marriage
Common-law marriage
Same-sex marriage
Legal states similar to marriage
Cohabitation · Civil union
Domestic partnership
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Paternity is the legal acknowledgment of the parental relationship between a man and a child usually based on several factors.
Under common law, a child born to the wife during a marriage is usually presumed to be the husband's child.
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Under common law, a child born to the wife during a marriage is usually presumed to be the husband's child.
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Family law
Entering into marriage
Prenuptial agreement · Marriage
Common-law marriage
Same-sex marriage
Legal states similar to marriage
Cohabitation · Civil union
Domestic partnership
Registered partnership
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Entering into marriage
Prenuptial agreement · Marriage
Common-law marriage
Same-sex marriage
Legal states similar to marriage
Cohabitation · Civil union
Domestic partnership
Registered partnership
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Adoption is the legal act of permanently placing a child with a parent or parents other than the birth mother or father. An adoption order has the effect of severing the parental responsibilities and rights of the birth parents and transferring those responsibilities and rights
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legal guardian is a person who has the legal authority (and the corresponding duty) to care for the personal and property interests of another person, called a ward. Usually, a person has the status of guardian because the ward is incapable of caring for his or her own interests
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ward is someone placed under the protection of a legal guardian. A court may take responsibility for the legal protection of an individual, usually either a child or incapacitated person, in which case the ward is known as a ward of the court or a ward of the state.
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Emancipation of minors is a legal mechanism by which a person below the age of majority ("adulthood") gains certain rights, generally identical to those of adults. An emancipated minor is free of any authority from his or her parent or other legal guardian.
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parental responsibility refers to the rights and privileges which underpin the relationship between a child and either its parents or those adults who have a significant role in its life.
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contact (or in the United States, visitation) is one of the general terms which denotes the level of contact a parent or other significant person in a child's life can have with that child.
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Residence in English law could refer to family law, immigration law or taxation law and probably refers to only one of them. The page that links here probably needs its link updated to one of these:
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- Residence in English family law
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Child custody and guardianship are legal terms which are sometimes used to describe the legal and practical relationship between a parent and his or her child, such as the right of the parent to make decisions for the child, and the parent's duty to care for the child.
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child support or child maintenance is the ongoing obligation for a periodic payment made by a non-custodial parent to a custodial parent, caregiver or guardian, for the care and support of children of a relationship or marriage that has been terminated.
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Domestic violence (sometimes referred to as domestic abuse) occurs when a family member, partner or ex-partner attempts to physically or psychologically dominate another.
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Child abuse is the physical, sexual, or emotional maltreatment or neglect of children by parents, guardians, or others. While most child abuse happens in the child's home, large numbers of cases of child abuse have been identified within some organizations involving children, such
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Child abduction is the abduction or kidnapping of a child (or baby) by an older person.
Several distinct forms of child abduction exist:
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Several distinct forms of child abduction exist:
- A stranger removes a child for criminal or mischievous purposes.
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Adultery is voluntary sexual intercourse between a married person and one who is not his or her spouse. Some legal jurisdictions have defined it as "crime against marriage",[1] opposed to infidelity.
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Conflict of laws, private international law, international private law, or international law (private), in common law systems, is that branch of international law and intranational interstate law that regulates all lawsuits involving a "foreign" law
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Conflict of laws
Preliminary matters
Characterisation · Incidental question
Renvoi · Choice of law
Conflict of laws in the U.S.
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Preliminary matters
Characterisation · Incidental question
Renvoi · Choice of law
Conflict of laws in the U.S.
Public policy · Hague Conference
Definitional elements
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nullity (known as annulment in the United States) in Family Law inspires a wide response among the laws of different states as to the circumstances in which a marriage will be valid, invalid or null.
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divorce have become political issues. As people live increasingly mobile lives, the Conflict of Laws and its choice of law rules are highly relevant to determine:
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- the circumstances in which people may obtain divorces in states in which they have no permanent or habitual
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