LGBT Relationship Recognition in California

“This article will discuss the current state of LGBT Relationship Recognition in the United States, which varies from one state to the next.”

LGBT RELATIONSHIP

RECOGNITION

IN CALIFORNIA

Scott P. Schomer Los Angeles Estate Planning and Elder Law Attorney

http://www.schomerlawgroup.com/

LGBT Relationship Recognition in California www.schomerlawgroup.com 2

Marriage is not only considered a sacred institution in the public eye, but it also

represents a legal union that provides certain federal rights and privileges.

These rights and privileges are often taken for granted by heterosexual married

couples. No one questions the right of a husband to make medical decisions for

his wife, when she is unable to do so. However, these same rights are not

guaranteed to gay couples in states that do not recognize gay marriage. This

article will discuss the current state of LGBT Relationship Recognition in the

United States, which varies from one state to the next.


Recognition of Marriage Between Individuals of the Same Sex

In the United States, there are currently 26 states, and the District of Columbia,

that allow same-sex couples to marry. Those states include California, Colorado,

Connecticut, Delaware, Hawaii, Illinois, Indiana, Iowa, Maine, Maryland,

Massachusetts, Minnesota, New Hampshire, New Jersey, New Mexico, New York,

Oklahoma, Oregon, Pennsylvania, Rhode Island, Utah, Vermont, Virginia,

Washington, and Wisconsin. Five other states are bound by federal appellate

court decisions that struck down gay marriage bans. However, official action has

not yet been taken in those states to make marriages possible.


It should be noted that, some states, which still do not allow same-sex marriage,

do recognize same-sex marriages of couples who were legally married in another

jurisdiction.

Civil Unions and Domestic Partnerships

Civil unions and domestic partnerships are not equal to legal marriage, but they

both signify tremendous advances in the continuous struggle for equal treatment

that same-sex couples

share. A civil union is

one legal status available

in some states, which

provides most of the

rights and responsibilities

of married individuals in

that particular state.

Domestic partnerships

are another legal status,

though much less formal.

Civil unions are currently recognized in Colorado, Hawaii, Illinois and New Jersey.

California recognizes registered domestic partnerships, along with Oregon,

Nevada, Washington and the District of Columbia.

The Effects of State and Federal Laws


Laws, both state and federal, control the ways in which couples can jointly own

property, who can inherit from whom, how taxes and determined and paid, and

who has the power to make health care decisions, if one partner becomes

incapacitated. The problem is, most laws apply solely to legally married couples.

While married couples inherit property automatically, even when there is no will,

the same is not true for unmarried same-sex couples.

The Current Status of LGBT Law in California


On June 28, 2013, same-sex couples were first allowed to marry in California.

But the road to recognition was long and arduous. From June 16, 2008 until

November 4, 2008, same-sex couples had been allowed to marry, until

Proposition 8 was passed, banning same-sex marriages. It was not until 2013

that the federal appellate court struck down the proposition. Like most states

that recognize same-sex marriages, California also recognizes same-sex

marriages legally performed in other states.

The History of Proposition 8 in California

The California Supreme Court decided, in 2008, in In re Marriage Cases, that it

was a violation of the California Constitution to forbid same-sex couples from

marrying. At that point, gay

couples began to marry.

However, on November 4,

2008, Proposition 8 was

passed (by a very slim

majority), which effectively

changed California’s

Constitution.

The California Supreme

Court upheld the

proposition, but required

that the state continue to recognize the same-sex marriages that had already

been performed in California. Although the Court admitted that the California


Constitution required equal treatment of same-sex couples, that requirement did

not apply to access to marriage.

Proposition 8 Held Unconstitutional

Then, in August 2010, a California district court found Proposition 8 to be

unconstitutional under the U.S. Constitution, and the decision was affirmed by a

United States Court of Appeals in February 2012. Once Proposition 8 was struck

down, California was required to recognize same-sex marriages just as they

would heterosexual marriages.


With regard to domestic partnerships, they have been recognized in California

since January 1, 2005. This type of relationship, in California, carries with it

nearly all of the rights and responsibilities of a legal marriage.

How Can Gay Couples Protect Their Rights For the Future?

As the laws in each state continue to change, the LGBT community will have

many obstacles to overcome, especially when it comes to estate planning. While

everyone can reap the benefits of a comprehensive estate plan, advance

planning may be more important for same-sex couples.


Gay couples should not depend on society or the ever-changing laws to validate

their relationships. Instead, having a good estate plan will ensure that everyone

recognizes and respects your partner and your wishes, after your death.

If you have questions regarding LGBT relationship status, or any LGBT estate

planning needs, please contact the Schomer Law Group either online or by

calling us at (310) 337-7696.

http://www.schomerlawgroup.com/contact-us/


About the Author

Scott P. Schomer is a graduate of Boston University School of Law and is

a frequent lecturer on estate planning and elder law issues, having

appeared on local and national television discussing the importance of

estate planning. Scott has an extensive litigation background and has over

the years obtained in excess of twenty five million dollars in judgments

and verdicts for his clients. Scott is a member of the Probate Volunteer

Panel and has been appointed by the Los Angeles Superior Court to

represent numerous parties in contested proceedings in the probate court.

Scott has also served as Judge Pro Tempore of the Los Angeles

Municipal Court and also been appointed by the court as an expert in

probate matters. Because of his extensive experience, Scott brings a unique perspective to

helping protect his clients.

SCHOMER LAW GROUP

Schomer Law Group is a professional law corporation that specializes in elder law, probate,

wills, trusts and conservatorships. We counsel clients on the unique legal issues relating to

advancing age. Whenever possible, we prefer to help clients plan for the future, avoid probate,

minimize taxes and solidify their legacy. We also help clients plan for possible incapacity and

long-term care. We help our clients deal with issues of aging with independence and dignity. In

addition to estate planning, our firm has considerable experience helping victims of elder

abuse. Our firm has aggressively pursued remedies and recovered assets belonging to our

elderly clients where unscrupulous individuals have taken advantage of the elderly because of

diminished capacity or other impairments.

8740 South Sepulveda Blvd, Ste 107 Los Angeles, CA 90045 Phone: (310) 337-7696 Website: www.schomerlawgroup.com

http://www.schomerlawgroup.com/