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California's Gov. Davis
Signs Major Law Protecting Couples

Assemblymember Carole Migden is author of Successful Bill

CAPE, California's Statewide Gay & Lesbian Lobby, Assists

Compiled by GayToday

Gov. Gray Davis: Widely expands domestic partner benefits in California

Sacramento--On Sunday, October 14 Governor Gray Davis approved AB 25 with his signature. The new law is the largest expansion of domestic partners rights in the country. It will add several new legal protections to eligible couples that register in the state of California as domestic partners.

AB 25 was sponsored by CAPE, California's statewide gay and lesbian lobbying organization, and authored by Assemblymember Carole Migden. The new law provides partners, same-sex couples and opposite-sex senior couples, with more legal benefits and stronger protections beginning January 1st of 2002.

Jean Harris, Executive Director of CAPE, praised the Governor's approval of AB 25:

"Poll after poll reveals that a majority of Californians support basic rights for gay and lesbian couples under domestic partnership. Passage of AB 25 is a swift and fair response to strong support, which is demonstrated widely throughout the state. While this is the largest expansion of domestic partners rights in the country-only a handful of protections the state and federal government offers to married spouses are included in AB 25, over 1,700 are not." The law will give registered couples several basic legal and financial tools. Partners will soon have the legal right to make life and death decisions on each other's behalf. As enacted under AB 25, domestic partners who register with the Secretary of State will have the ability to:

Relocate with a domestic partner without losing unemployment benefits.

Use sick leave to care for an ill partner or the child of a domestic partner.

Be exempt from state income tax the health benefits provided to domestic partners.

File disability benefits on behalf of an incapacitated partner.

Make medical decisions in the hospital or act as a conservator.

Sue for wrongful death as well as seek damages for negligent infliction of emotional distress.

Administer a partner's estate.

Bequeath property to a domestic partner using the statutory will.

Adopt a partner's child using the stepparent adoption process.

Related Sites:
California Alliance for Pride and Equality

Secretary of State: Domestic Partner Benefits

Office of the Governor: Gray Davis

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Continue health benefits for surviving partners of government employees and retirees.

Additionally, AB 25 requires health plans to offer domestic partner coverage to businesses and associations similar to coverage offered to dependents of employees and subscribers. This requirement will assist small and medium-sized employers that decide to offer domestic partner benefits to their employees.

Finally, this measure will change present law to allow opposite-sex couples to register as domestic partners if one or both of the partners are over the age of 62.

Jean Harris added:

"California is leading the country in instituting protections for gay and lesbian couples without a court mandate. In Hawaii and Vermont, both legislatures were compelled by their state courts to extend equal benefits to same-sex couples. CAPE applauds California's state lawmakers and Governor Gray Davis for addressing this important issue plainly and openly. CAPE seeks to ensure basic rights for all Californians. There are still thousands of rights denied to gay, lesbian, bisexual and transgender Californians and CAPE is tackling these issues with state lawmakers continuously. Nevertheless, today is a substantial leap forward, which is something to celebrate."