Domestic Partnership v. Marriage
There Is a Difference
Gay people in California enjoy many rights and protections under the state’s domestic partnership law ... but not all of the same protections and certainly not the same level of respect and support as married couples. The information to the right is provided by LetCaliforniaRing.org.
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| Marriage | Domestic Partnership | |
|---|---|---|
| Legal Status, Recognition, Portability of Rights | Universally recognized in all 50 states. Includes more than 1,000 federal rights and benefits. Legal structure in place to dissolve marriages and divide property equitably. | Not valid outside of the state that grants it. No federal protections. Legal structure to dissolve partnership not guaranteed outside of state. May be dissolved without court ruling under some circumstances. |
| Social Support | Universal societal understanding, honor and respect for the nature of a couple's relationship and commitment. | Not universally understood because benefits vary widely by jurisdiction. Without common understanding of their meaning, domestic partnerships don't provide the same kind of honor and respect that marriages do. |
| Medical Decisions, Emergencies | Spouses and family members allowed to make decisions for incompetent or disabled person absent written instructions. | Partner's right to visitation and medical decision making may not be recognized out of state. |
| Tax Benefits | Guaranteed unlimited transfers and gifts and automatic right to inherit without tax penalties. Able to file federal income taxes jointly. | Large gift transfers and inheritance transactions subject to federal taxes. Federal tax returns filed separately. |
| Retirement, Leave, and Other Family Benefits | Eligible for Social Security, veteran's benefits and pension plan survivor benefits upon death of spouse. Entitled family leave to care for ill spouse. | Do not receive Social Security, veteran's benefits and pension plan survivor benefits upon death of partner. Not guaranteed equal benefits from employers. Excluded from long-term care benefits. Not guaranteed family leave to care for ill partner. |
| Spousal and Child Support | Criminal penalties imposed if a spouse abandons a child or spouse. | Outside of state, partners have no legal obligation to support their partner. |
| Common Residence | Not required. | Must share common residence. |
| Name Changes | Allowed upon marriage. | Not allowed without court order. |
| Privacy | Recorded only at county level with no address on the form. | Maintained by the state with a central, public and easily searchable database. |