June 14, 2007

Banning domestic partnerships

Despite the controversy over gay marriage, even in California, poll after poll has shown that voters have no problem granting marriage-style rights to same-sex domestic partners. California has created a system in which its domestic partnerships are almost marriage in everything but name only.

Now a religious conservative activist, Randy Thomasson, and a former assemblyman, Larry Bowler, have begun circulating an initiative that would repeal those laws and essentially ban domestic partnerships in the constitution. It would also reinforce the state's existing ban on gay marriage.

Here is the title and summary:

MARRIAGE. ELIMINATION OF DOMESTIC PARTNERSHIP RIGHTS. CONSTITUTIONAL AMENDMENT. Amends the California Constitution to provide that only marriage between one man and one woman is valid or recognized in California. Prohibits decreasing marriage rights shared by one man and one woman. Voids or makes unenforceable certain rights and obligations conferred by California law on same-sex and heterosexual couples registered as domestic partners, concerning subject areas including, but not limited to, community property, intestate succession, stepparent adoption, child custody, child support, hospital visitation, health care decisions for an incapacitated partner, insurance benefits, death benefits, and recovery for wrongful death. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Unknown, but potential increased costs for state and local governments. The impact would depend in large part on future court interpretations.

If it qualifies, it is hard to see how this passes. While there still might be a majority to ban gay marriage, it's a shrinking one, if it still exists. And by trying to also ban marriage-type rights for domestic partners, the proponents will look mean-spirited and vindictive. I think it goes down.

Posted by dweintraub on June 14, 2007 3:07 PM