Domestic partnership
Encyclopedia
A domestic partnership is a legal or personal relationship between two individuals who live together and share a common domestic life but are neither joined by marriage
nor a civil union
. In some jurisdictions, such as Australia
, New Zealand
, the American states of Oregon
, Washington, Nevada
, and California, a domestic partnership is almost 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 (or 'domparts') 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.
proposed a new category of relationship called "domestic partnership". Initially, the requirements were that only two people who resided together and were qualified to marry except that they were the same gender. Additional requirements were later added for the partners to maintain mutual financial responsibility and for both to be at least eighteen years old and able to enter into a legal contract.
, a gay man appointed to replace Harvey Milk. 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 vetoed the bill. In 1989, a domestic partnership law was adopted in San Francisco. However, voters repealed the domestic partnership law by initiative
; a modified version was reinstated by another voter initiative, 1990's Proposition K, also written by Britt.
Currently, the city still offers a domestic partnership status separate and differing in benefits from that offered by the state; city residents can apply for both.
In 1982, the term "domestic partner" was first used in a lawsuit filed by San Francisco Human Rights Commission employee Larry Brinkin. Brinkin, then an employee of Southern Pacific Railway, had recently suffered the loss of his partner of eleven years. When he was denied the three days of paid bereavement leave given to married employees, he filed suit with the assistance of the ACLU. Mr. Brinkin lost his case. Despite a great deal of evidence to the contrary, the judge agreed with his employer’s claim that there was no way to know if his relationship was legitimate.
, 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. In July 1984 the City Council voted down the proposal citing financial concerns. On August 1, 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. This was the first time domestic partners was a campaign issue. At the first meeting of the new City Council in December 1984, the Berkeley City Council enacted a policy extending employee benefits to unmarried couples of any gender
. The first couple to file for benefits under Berkeley's sex-neutral policy were Brougham and his partner Barry Warren.
However, the City Council did not create a registry for domestic partners until 1991. On October 11 of that year, 28 lesbian and gay male couples and one heterosexual couple registered their partnerships. The registry and benefits were also extended to non-resident couples that same year.
successfully introduced domestic partner legislation for city residents and employees that was passed by the city council and created the first domestic partnership registry.
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 erased all difference between California's domestic partnerships and civil union
s passed in other states. California's comprehensive domestic partner policy was the first same-sex couples policy in the United States created by a legislature without court intervention. The policy became effective January 1, 2005.
Potentially serious legal issues arise from the conflict between state sponsored unions be they domestic partnership
, civil union
s, or same-sex-marriage
and U.S. Federal law, which, under the Defense of Marriage Act
, prohibits Federal recognition to those unions. This means that state sponsored domestic partners, civil unions and same-sex marriages are not entitled to any Federal spousal rights such as Social Security
, Federal tax law or immigration rights for foreign same-sex spouses of American citizens.
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.
, signed a domestic partnership bill
into law on May 9, 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's initial implementation was delayed by a federal Court, but the injunction was lifted on February 1, 2008 and the law went into effect on February 4.
In the state of Washington, Governor Christine Gregoire
signed into law legislation allowing limited domestic partnership on April 21, 2007. The law, which took effect July 22, 2007 and expanded to all areas except for marriage in 2008 and 2009, permits same-sex couples (as well as heterosexual couples when one individual is at least age 62) to register in a domestic partnership registry that allows couples hospital visitation rights, the ability to authorize autopsies and organ donations, and inheritance rights when there is no will. This follows the 1998 passage of a bill by the Washington State legislature that defined marriage as being between a man and a woman; this legislation was upheld by the Washington State Supreme Court in 2006. Washington State Senate Report
proposed legislation for same-sex partnerships in Wisconsin.
In June 2009, the Wisconsin State Assembly
and Senate
both passed the biennial state budget which includes domestic partnership protections for the state’s same-sex couples.
On June 29, 2009, Governor Jim Doyle
signed the budget, giving final approval to limited domestic partnership benefits for same-sex couples living in Wisconsin.
On July 23, 2009, three members of Wisconsin Family Action filed a petition for an original action in the Wisconsin Supreme Court
, seeking a declaration that the domestic partner registry is unconstitutional under the state's Marriage Protection Amendment
.
Domestic partnerships became available August 3, 2009.
s which, like California's domestic partners, are equivalent to marriage in all but the title. In 1994, Vermont became the first state in the United States to extend health benefits to domestic partners.
Some municipalities in Massachusetts provide domestic partnerships, as an alternative option to marriage. These include the cities of Boston and Cambridge
.
In Ann Arbor, Michigan
, the Ann Arbor City Council passed a domestic partner ordinance on November 4, 1991. This entitled Ann Arbor City employees to benefits for their partners, and enabled couples to register.
On December 2008, the Cleveland, Ohio
City Council
voted to create a non-binding domestic partner registry.
, 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
, since 1996 domestic partnership in the form of unregistered cohabitation offers a limited set of rights compared to marriage in a Civil Code (more in the field of health and pension; but no inheritance), although a growing number of Hungarian couples, both opposite-sex couples and same-sex couples choose this kind of partnership instead of marriage. In April 2009, the Hungarian Parliament passed a Registration Partnership Act 2009 with a vote of 199–159, which provides a registered partnership for same-sex couples with all the benefits and entitlements of marriage (except for marriage itself, adoption, IVF access, taking a partner's surname, parentage and surrogacy). The law was passed in December 2007 by a vote of 110–78, but the Constitutional Court of Hungary was "deeply concerned" that the law was a duplication of opposite-sex marriage benefits and entitlements, so same-sex couples only registration was chosen. Some politicians of the SZDSZ and MSZP parties have argued for the introduction of marriage for same-sex couples. The Registration Partnership Act 2009 comes into effect from July 1, 2009.
, all levels of Governments, plus even some Councils, such as Yarra
, Melbourne
and Sydney
, now offer "de facto/domestic status" or a "registered or civil partnership" to both same-sex couples and opposite-sex couples. Nevertheless, since 2009, the Australian Government amended 100 statutes to recognise both opposite and same gender couples, but still bans same-sex marriages under the Marriage Act 1961.
Marriage
Marriage is a social union or legal contract between people that creates kinship. It is an institution in which interpersonal relationships, usually intimate and sexual, are acknowledged in a variety of ways, depending on the culture or subculture in which it is found...
nor a civil union
Civil union
A civil union, also referred to as a civil partnership, is a legally recognized form of partnership 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 rights,...
. In some jurisdictions, such as Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
, New Zealand
New Zealand
New Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses and numerous smaller islands. The country is situated some east of Australia across the Tasman Sea, and roughly south of the Pacific island nations of New Caledonia, Fiji, and Tonga...
, the American states of Oregon
Oregon
Oregon is a state in the Pacific Northwest region of the United States. It is located on the Pacific coast, with Washington to the north, California to the south, Nevada on the southeast and Idaho to the east. The Columbia and Snake rivers delineate much of Oregon's northern and eastern...
, Washington, Nevada
Nevada
Nevada is a state in the western, mountain west, and southwestern regions of the United States. With an area of and a population of about 2.7 million, it is the 7th-largest and 35th-most populous state. Over two-thirds of Nevada's people live in the Las Vegas metropolitan area, which contains its...
, and California, a domestic partnership is almost 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
Same-sex marriage
Same-sex marriage is marriage between two persons of the same biological sex or social gender. Supporters of legal recognition for same-sex marriage typically refer to such recognition as marriage equality....
, domestic partnerships may involve either different-sex or same-sex couples.
In some legal jurisdictions, domestic partners (or 'domparts') who live together for an extended period of time but are not legally entitled to common-law marriage
Common-law marriage
Common-law marriage, sometimes called sui juris marriage, informal marriage or marriage by habit and repute, is a form of interpersonal status that is legally recognized in limited jurisdictions as a marriage even though no legally recognized marriage ceremony is performed or civil 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
Effects of marriage
In family law, effects of marriage is a legal term of art used to describe all of the rights and obligations that individuals may be subject and entitled to if they are in a common-law marriage, an annulled marriage, domestic partnership or a civil union....
and palimony
Palimony
Palimony is a popular term used to describe the division of financial assets and real property on the termination of a personal live-in relationship wherein the parties are not legally married. The term is a portmanteau of the words pal and alimony...
.)
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
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
, devices such as the constructive trust
Constructive trust
A constructive trust is an equitable remedy resembling a trust imposed by a court to benefit a party that has been wrongfully deprived of its rights due to either a person obtaining or holding legal right to property which they should not possess due to unjust enrichment or interference...
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
In August 1979, gay rights activist Tom BroughamTom Brougham
Tom Brougham is a Berkeley, California gay rights activist who was the first to suggest a new legal category for recognizing couples other than marriage and he coined the phrase domestic partnership.Brougham is a former member of the Gay Liberation Front....
proposed a new category of relationship called "domestic partnership". Initially, the requirements were that only two people who resided together and were qualified to marry except that they were the same gender. Additional requirements were later added for the partners to maintain mutual financial responsibility and for both to be at least eighteen years old and able to enter into a legal contract.
San Francisco
In 1982, Brougham's definition was modified by Supervisor Harry BrittHarry Britt
Harry Britt is a political activist and former Supervisor for San Francisco, California. Britt was involved during the late 1960s in the civil rights movement when he was a Methodist minister in Chicago...
, a gay man appointed to replace Harvey Milk. Britt's version was adopted and passed by the San Francisco Board of Supervisors, but Dianne Feinstein
Dianne Feinstein
Dianne Goldman Berman Feinstein is the senior U.S. Senator from California. A member of the Democratic Party, she has served in the Senate since 1992. She also served as 38th Mayor of San Francisco from 1978 to 1988....
, mayor of San Francisco at the time, came under intense pressure from the Catholic Church and vetoed the bill. In 1989, a domestic partnership law was adopted in San Francisco. However, voters repealed the domestic partnership law by initiative
Initiative
In political science, an initiative is a means by which a petition signed by a certain minimum number of registered voters can force a public vote...
; a modified version was reinstated by another voter initiative, 1990's Proposition K, also written by Britt.
Currently, the city still offers a domestic partnership status separate and differing in benefits from that offered by the state; city residents can apply for both.
In 1982, the term "domestic partner" was first used in a lawsuit filed by San Francisco Human Rights Commission employee Larry Brinkin. Brinkin, then an employee of Southern Pacific Railway, had recently suffered the loss of his partner of eleven years. When he was denied the three days of paid bereavement leave given to married employees, he filed suit with the assistance of the ACLU. Mr. Brinkin lost his case. Despite a great deal of evidence to the contrary, the judge agreed with his employer’s claim that there was no way to know if his relationship was legitimate.
Berkeley
In 1983, the City Council of Berkeley, CaliforniaBerkeley, California
Berkeley is a city on the east shore of the San Francisco Bay in Northern California, United States. Its neighbors to the south are the cities of Oakland and Emeryville. To the north is the city of Albany and the unincorporated community of Kensington...
, 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. In July 1984 the City Council voted down the proposal citing financial concerns. On August 1, 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. This was the first time domestic partners was a campaign issue. At the first meeting of the new City Council in December 1984, the Berkeley City Council enacted a policy extending employee benefits to unmarried couples of any gender
Gender
Gender is a range of characteristics used to distinguish between males and females, particularly in the cases of men and women and the masculine and feminine attributes assigned to them. Depending on the context, the discriminating characteristics vary from sex to social role to gender identity...
. The first couple to file for benefits under Berkeley's sex-neutral policy were Brougham and his partner Barry Warren.
However, the City Council did not create a registry for domestic partners until 1991. On October 11 of that year, 28 lesbian and gay male couples and one heterosexual couple registered their partnerships. The registry and benefits were also extended to non-resident couples that same year.
West Hollywood
In 1985, West Hollywood city council member John HeilmanJohn Heilman
John Heilman is an American municipal politician and frequent mayor of West Hollywood, California.A native of Cleveland, Ohio, Heilman moved to Southern California to attend the University of Southern California Law School....
successfully introduced domestic partner legislation for city residents and employees that was passed by the city council and created the first domestic partnership registry.
California, statewide
In 1999 California Gov. Gray Davis, a Democrat, signed a domestic partner bill, making California the first state to legally recognize same-sex couples.On September 4, 2003 the California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
legislature passed an expanded domestic partnership bill
Domestic partnerships in California
A California domestic partnership is a legal relationship available to same-sex couples, and to certain opposite-sex couples in which at least one party is at least 62 years of age...
, extending nearly all the legal rights of married couples to people in same-sex partnerships. This erased all difference between California's domestic partnerships and civil union
Civil union
A civil union, also referred to as a civil partnership, is a legally recognized form of partnership 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 rights,...
s passed in other states. California's comprehensive domestic partner policy was the first same-sex couples policy in the United States created by a legislature without court intervention. The policy became effective January 1, 2005.
Potentially serious legal issues arise from the conflict between state sponsored unions be they domestic partnership
Domestic partnerships in the United States
In the United States of America, domestic partnership is a city-, county-, state-, or employer-recognized status that may be available to same-sex couples and, sometimes, opposite-sex couples. Although similar to marriage, a domestic partnership does not confer any of the 1,138 rights afforded to...
, civil union
Civil union
A civil union, also referred to as a civil partnership, is a legally recognized form of partnership 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 rights,...
s, or same-sex-marriage
Same-sex marriage in the United States
The federal government does not recognize same-sex marriage in the United States, but such marriages are recognized by some individual states. The lack of federal recognition was codified in 1996 by the Defense of Marriage Act, before Massachusetts became the first state to grant marriage licenses...
and U.S. Federal law, which, under the Defense of Marriage Act
Defense of Marriage Act
The Defense of Marriage Act is a United States federal law whereby the federal government defines marriage as a legal union between one man and one woman. Under the law, no U.S. state may be required to recognize as a marriage a same-sex relationship considered a marriage in another state...
, prohibits Federal recognition to those unions. This means that state sponsored domestic partners, civil unions and same-sex marriages are not entitled to any Federal spousal rights such as Social Security
Social Security (United States)
In the United States, Social Security refers to the federal Old-Age, Survivors, and Disability Insurance program.The original Social Security Act and the current version of the Act, as amended encompass several social welfare and social insurance programs...
, Federal tax law or immigration rights for foreign same-sex spouses of American citizens.
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.
Colorado
Since July 1, 2009 unmarried couples have been legally able to enter a designated beneficiary agreement which will grant them limited rights.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. D.C. Council on May 6, 2008 approved the addition of 39 new provisions to the city’s domestic partners law, bringing the law to a point where same-sex couples who register as domestic partners will receive most, but not quite all, of the rights and benefits of marriage under District law.Maine
In April, 2004 the legislature passed a domestic partnership bill. The law, which provides same-sex individuals with inheritance rights over their partners' property and guardianship over their deceased partner, went into effect on July 30, 2004. On May 6, 2009, Maine's legislature and governor enacted a law to legalize same-sex marriage, but on November 3, 2009, that law was repealed by voters.Maryland
Since July 1, 2008, unmarried couples have been able to enter a designated unregistered beneficiary agreement which will grant them limited rights such as the right to visit one another in the hospital, the right to share a room in a nursing home, and the right to make funeral decisions.Nevada
In Nevada domestic partnerships are granted all the benefits, rights, obligations and/or responsibilities of marriage (for both opposite-sex couples and same-sex couples over 18) and these have become legally available since 1 October 2009. The act specifically excludes requiring any entity to provide health benefits to domestic partners. In addition, due to vagueness in the verbiage of the act, most companies and entities within Nevada refuse to acknowledge or afford any major benefits or rights to registered domestic partners, leaving legal action as the only avenue to garner individual rights.Oregon
The governor of Oregon, Ted KulongoskiTed Kulongoski
Theodore R. "Ted" Kulongoski is an American politician, who served as the 36th Governor of Oregon. A Democrat, he has served in both houses of the Oregon Legislative Assembly, as the state Insurance Commissioner, the Attorney General, and an Associate Justice on the Oregon Supreme Court.-Early...
, signed a domestic partnership bill
Domestic partnership in Oregon
In April and May 2007, following a previous attempt in 2005, the Oregon state legislature passed legislation to make virtually all of the rights afforded to married couples available to same-sex couples. The new status will be referred to in Oregon law as a domestic partnership, avoiding the use...
into law on May 9, 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's initial implementation was delayed by a federal Court, but the injunction was lifted on February 1, 2008 and the law went into effect on February 4.
Washington
In the state of Washington, Governor Christine Gregoire
Christine Gregoire
Christine O'Grady "Chris" Gregoire is the 22nd and current Governor of the state of Washington, and a member of the Democratic Party. Gregoire defeated Republican candidate Dino Rossi in 2004, and again in 2008. She is the second female governor of Washington...
signed into law legislation allowing limited domestic partnership on April 21, 2007. The law, which took effect July 22, 2007 and expanded to all areas except for marriage in 2008 and 2009, permits same-sex couples (as well as heterosexual couples when one individual is at least age 62) to register in a domestic partnership registry that allows couples hospital visitation rights, the ability to authorize autopsies and organ donations, and inheritance rights when there is no will. This follows the 1998 passage of a bill by the Washington State legislature that defined marriage as being between a man and a woman; this legislation was upheld by the Washington State Supreme Court in 2006. Washington State Senate Report
Wisconsin
On March 5, 2009 Wisconsin Governor Jim DoyleJim Doyle
James Edward "Jim" Doyle is a Wisconsin politician and member of the Democratic Party. He was the 44th Governor of Wisconsin, serving from January 6, 2003 to January 3, 2011. He defeated incumbent Governor Scott McCallum by a margin of 45 percent to 41 percent; the Libertarian Party candidate Ed...
proposed legislation for same-sex partnerships in Wisconsin.
In June 2009, the Wisconsin State Assembly
Wisconsin State Assembly
The Wisconsin State Assembly is the lower house of the Wisconsin Legislature. Together with the smaller Wisconsin Senate, the two constitute the legislative branch of the U.S. state of Wisconsin....
and Senate
Wisconsin State Senate
The Wisconsin Senate, the powers of which are modeled after those of the U.S. Senate, is the upper house of the Wisconsin State Legislature, smaller than the Wisconsin State Assembly...
both passed the biennial state budget which includes domestic partnership protections for the state’s same-sex couples.
On June 29, 2009, Governor Jim Doyle
Jim Doyle
James Edward "Jim" Doyle is a Wisconsin politician and member of the Democratic Party. He was the 44th Governor of Wisconsin, serving from January 6, 2003 to January 3, 2011. He defeated incumbent Governor Scott McCallum by a margin of 45 percent to 41 percent; the Libertarian Party candidate Ed...
signed the budget, giving final approval to limited domestic partnership benefits for same-sex couples living in Wisconsin.
On July 23, 2009, three members of Wisconsin Family Action filed a petition for an original action in the Wisconsin Supreme Court
Wisconsin Supreme Court
The Wisconsin Supreme Court is the highest appellate court in the state of Wisconsin. The Supreme Court has jurisdiction over original actions, appeals from lower courts, and regulation or administration of the practice of law in Wisconsin.-Location:...
, seeking a declaration that the domestic partner registry is unconstitutional under the state's Marriage Protection Amendment
Wisconsin Referendum 1 (2006)
Wisconsin Referendum 1 of 2006 was a referendum on an amendment to the Wisconsin Constitution that would invalidate same-sex marriages or civil unions in the state. The referendum was approved by 59% of voters during the general elections in November 2006...
.
Domestic partnerships became available August 3, 2009.
Other states
Only New Jersey offers civil unionCivil union
A civil union, also referred to as a civil partnership, is a legally recognized form of partnership 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 rights,...
s which, like California's domestic partners, are equivalent to marriage in all but the title. In 1994, Vermont became the first state in the United States to extend health benefits to domestic partners.
Some municipalities in Massachusetts provide domestic partnerships, as an alternative option to marriage. These include the cities of Boston and Cambridge
Cambridge, Massachusetts
Cambridge is a city in Middlesex County, Massachusetts, United States, in the Greater Boston area. It was named in honor of the University of Cambridge in England, an important center of the Puritan theology embraced by the town's founders. Cambridge is home to two of the world's most prominent...
.
In Ann Arbor, Michigan
Ann Arbor, Michigan
Ann Arbor is a city in the U.S. state of Michigan and the county seat of Washtenaw County. The 2010 census places the population at 113,934, making it the sixth largest city in Michigan. The Ann Arbor Metropolitan Statistical Area had a population of 344,791 as of 2010...
, the Ann Arbor City Council passed a domestic partner ordinance on November 4, 1991. This entitled Ann Arbor City employees to benefits for their partners, and enabled couples to register.
On December 2008, the Cleveland, Ohio
Cleveland, Ohio
Cleveland is a city in the U.S. state of Ohio and is the county seat of Cuyahoga County, the most populous county in the state. The city is located in northeastern Ohio on the southern shore of Lake Erie, approximately west of the Pennsylvania border...
City Council
Cleveland City Council
Cleveland City Council is the legislative branch of the government of the City of Cleveland in Ohio. Its members are elected from 19 wards to four-year terms. The number of council members has decreased over the years...
voted to create a non-binding domestic partner registry.
-
- For a full list of cities and counties see the following page: Cities and counties in the United States offering a domestic partnership registryCities and counties in the United States offering a domestic partnership registryThese are the cities and counties of United States which offer a domestic partnership, classified by census region :- U.S. County Map :Counties in the U.S. which contain cities that recognize same-sex unions and/or which recognize them county-wide...
- For a full list of cities and counties see the following page: Cities and counties in the United States offering a domestic partnership registry
In Europe
PortugalPortugal
Portugal , officially the Portuguese Republic is a country situated in southwestern Europe on the Iberian Peninsula. Portugal is the westernmost country of Europe, and is bordered by the Atlantic Ocean to the West and South and by Spain to the North and East. The Atlantic archipelagos of the...
, Hungary
Hungary
Hungary , officially the Republic of Hungary , is a landlocked country in Central Europe. It is situated in the Carpathian Basin and is bordered by Slovakia to the north, Ukraine and Romania to the east, Serbia and Croatia to the south, Slovenia to the southwest and Austria to the west. The...
and Croatia
Croatia
Croatia , officially the Republic of Croatia , is a unitary democratic parliamentary republic in Europe at the crossroads of the Mitteleuropa, the Balkans, and the Mediterranean. Its capital and largest city is Zagreb. The country is divided into 20 counties and the city of Zagreb. Croatia covers ...
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
Hungary
Hungary , officially the Republic of Hungary , is a landlocked country in Central Europe. It is situated in the Carpathian Basin and is bordered by Slovakia to the north, Ukraine and Romania to the east, Serbia and Croatia to the south, Slovenia to the southwest and Austria to the west. The...
, since 1996 domestic partnership in the form of unregistered cohabitation offers a limited set of rights compared to marriage in a Civil Code (more in the field of health and pension; but no inheritance), although a growing number of Hungarian couples, both opposite-sex couples and same-sex couples choose this kind of partnership instead of marriage. In April 2009, the Hungarian Parliament passed a Registration Partnership Act 2009 with a vote of 199–159, which provides a registered partnership for same-sex couples with all the benefits and entitlements of marriage (except for marriage itself, adoption, IVF access, taking a partner's surname, parentage and surrogacy). The law was passed in December 2007 by a vote of 110–78, but the Constitutional Court of Hungary was "deeply concerned" that the law was a duplication of opposite-sex marriage benefits and entitlements, so same-sex couples only registration was chosen. Some politicians of the SZDSZ and MSZP parties have argued for the introduction of marriage for same-sex couples. The Registration Partnership Act 2009 comes into effect from July 1, 2009.
Australia
In AustraliaAustralia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
, all levels of Governments, plus even some Councils, such as Yarra
Yarra
Yarra may refer to:* the Yarra River, a river in southern Victoria on which the city of Melbourne was founded* Yarra Trams, a public transport company specialising in trams in Melbourne, Australia...
, Melbourne
Melbourne
Melbourne is the capital and most populous city in the state of Victoria, and the second most populous city in Australia. The Melbourne City Centre is the hub of the greater metropolitan area and the Census statistical division—of which "Melbourne" is the common name. As of June 2009, the greater...
and Sydney
Sydney
Sydney is the most populous city in Australia and the state capital of New South Wales. Sydney is located on Australia's south-east coast of the Tasman Sea. As of June 2010, the greater metropolitan area had an approximate population of 4.6 million people...
, now offer "de facto/domestic status" or a "registered or civil partnership" to both same-sex couples and opposite-sex couples. Nevertheless, since 2009, the Australian Government amended 100 statutes to recognise both opposite and same gender couples, but still bans same-sex marriages under the Marriage Act 1961.
- Australian Capital TerritoryAustralian Capital TerritoryThe Australian Capital Territory, often abbreviated ACT, is the capital territory of the Commonwealth of Australia and is the smallest self-governing internal territory...
(domestic partnership status provided from 1994 and Civil partnership provided since 2008). - CommonwealthCommonwealthCommonwealth is a traditional English term for a political community founded for the common good. Historically, it has sometimes been synonymous with "republic."More recently it has been used for fraternal associations of some sovereign nations...
(federal Government of Australia provides both a de facto and registered partnership since 2009). - New South WalesNew South WalesNew South Wales is a state of :Australia, located in the east of the country. It is bordered by Queensland, Victoria and South Australia to the north, south and west respectively. To the east, the state is bordered by the Tasman Sea, which forms part of the Pacific Ocean. New South Wales...
(de facto status provided since 1999, expanded further in 2002, 2005 and 2008) http://www.lawlink.nsw.gov.au/samesex. - Norfolk IslandNorfolk IslandNorfolk Island is a small island in the Pacific Ocean located between Australia, New Zealand and New Caledonia. The island is part of the Commonwealth of Australia, but it enjoys a large degree of self-governance...
(de facto status provided from 2006). - Northern TerritoryNorthern TerritoryThe Northern Territory is a federal territory of Australia, occupying much of the centre of the mainland continent, as well as the central northern regions...
(de facto status provided since 2003). - QueenslandQueenslandQueensland is a state of Australia, occupying the north-eastern section of the mainland continent. It is bordered by the Northern Territory, South Australia and New South Wales to the west, south-west and south respectively. To the east, Queensland is bordered by the Coral Sea and Pacific Ocean...
(de facto status provided since 1999, expanded further in 2002). - South AustraliaSouth AustraliaSouth Australia is a state of Australia in the southern central part of the country. It covers some of the most arid parts of the continent; with a total land area of , it is the fourth largest of Australia's six states and two territories.South Australia shares borders with all of the mainland...
(domestic partnership status provided since 2007). - TasmaniaTasmaniaTasmania is an Australian island and state. It is south of the continent, separated by Bass Strait. The state includes the island of Tasmania—the 26th largest island in the world—and the surrounding islands. The state has a population of 507,626 , of whom almost half reside in the greater Hobart...
(de facto status provided from 2003, "Registry system/Significant Relationships" provided since 2004) Domestic partnership in TasmaniaDomestic partnership in TasmaniaTasmania's Relationships Act 2003 provided for registration and recognition of a type of registered partnership in two distinct categories: Significant Relationships and Caring Relationships. The same Act also amended 73 pieces of legislation to provide registered partners with nearly all of the... - VictoriaVictoria (Australia)Victoria is the second most populous state in Australia. Geographically the smallest mainland state, Victoria is bordered by New South Wales, South Australia, and Tasmania on Boundary Islet to the north, west and south respectively....
(domestic partnership status provided since 2001 and a "registry system" has been provided since 2008). - Western AustraliaWestern AustraliaWestern Australia is a state of Australia, occupying the entire western third of the Australian continent. It is bounded by the Indian Ocean to the north and west, the Great Australian Bight and Indian Ocean to the south, the Northern Territory to the north-east and South Australia to the south-east...
(de facto status provided since 2002).
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.Argentina
Civil unions are allowed in Autonomous City of Buenos Aires, Villa Carlos Paz (Córdoba), Río Cuarto (Córdoba) and Río Negro.See also
- same-sex marriageSame-sex marriageSame-sex marriage is marriage between two persons of the same biological sex or social gender. Supporters of legal recognition for same-sex marriage typically refer to such recognition as marriage equality....
- civil unionCivil unionA civil union, also referred to as a civil partnership, is a legally recognized form of partnership 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 rights,...
- common-law marriageCommon-law marriageCommon-law marriage, sometimes called sui juris marriage, informal marriage or marriage by habit and repute, is a form of interpersonal status that is legally recognized in limited jurisdictions as a marriage even though no legally recognized marriage ceremony is performed or civil marriage...
- Same-sex marriage in CaliforniaSame-sex marriage in CaliforniaThe status of same-sex marriage in California is unique among the 50 U.S. states, in that the state formerly granted marriage licenses to same-sex couples, but has discontinued doing so...
External links
- Same-Sex Marriage, Civil Unions, and Domestic Partnerships topic page from The New York TimesThe New York TimesThe New York Times is an American daily newspaper founded and continuously published in New York City since 1851. The New York Times has won 106 Pulitzer Prizes, the most of any news organization...
- Domestic Partnership, Encyclopaedia Britannica
- Know Your Rights: Legal Advice for Same-Sex Couples where Marriage and/or Domestic Partnership is Illegal