On September 19, 2003 California Governor Gray Davis signed in a law the Domestic Partners Rights and Responsibilities Act of 2003, granting gay and lesbian couples most of the rights usually reserved for married heterosexual couples.
In order to be eligible for the benefits of couple must register as domestic partners. Some of the rights granted are the ability to have custody of a partner’s child, access to family court, the right to make funeral arrangements and access to married student housing. The law is scheduled to go into affect in January 2005.
While gay and lesbian activists applauded this giant step forward for gay rights, conservative and right wing political groups disagree.
In 2000 California voters passed Proposition 22, which states “only marriage between a man and a woman is valid and recognized in the state of California.”
The law signed by Governor Davis gives gay and lesbian couples many of the same rights as straight couples, but does not give them the right to marry.
Domestic Partnership rights cannot be prevented just because they are unpopular. In the 1950s most Americans were opposed to interracial marriages. Those laws were overturned in 1967. Many people say the comparison between those laws and the laws to prevent gay couples from marrying are similar.
Gay and lesbian couples can face major challenges when one partner becomes sick or dies. Partners are not guaranteed the right to visit their loved-one in the hospital, or make funeral arrangements when one of them dies. Many times a widowed gay or lesbian will not only have to deal with the grief or losing their life partner, but will also face losing the home they made together. The Domestic Partnership law prevents these tragedies from happening.
Gay and Lesbian couples are having children. Many heterosexual parents, whether they are married or not, take for granted the fact that both parents have equal access to their child’s school, doctor’s appointments and other extracurricular activities. The only way for gay and lesbian parents to have these same rights is through legislation such as the Domestic Partnership law.
Conservatives argue that the Domestic Partners Rights and Responsibilities Act is essentially bringing same-sex marriage to the state of California, after voters decided they did not want it.
Some religious leaders, including the Pope, say allowing domestic partnership arrangements between same-sex couples gives a stamp of approval to a behavior that they believe is immoral.