Domestic partnerships in the United States
Encyclopedia
In the United States of America, domestic partnership
Domestic partnership
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...

is a city-, county-, state-, or employer-recognized status that may be available to same-sex couples
Same-sex relationship
A same-sex relationship is a relationship between two persons of the same sex and can take many forms, from romantic and sexual, to non-romantic close relationships. The term is mainly associated with gay and lesbian people...

 and, sometimes, opposite-sex couples. Although similar to marriage
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...

, a domestic partnership does not confer any of the 1,138 rights
Rights and responsibilities of marriages in the United States
According to the United States Government Accountability Office , there are 1,138 statutory provisions in which marital status is a factor in determining benefits, rights, and privileges...

 afforded to married couples by the federal government
Federal government of the United States
The federal government of the United States is the national government of the constitutional republic of fifty states that is the United States of America. The federal government comprises three distinct branches of government: a legislative, an executive and a judiciary. These branches and...

. Domestic partnerships in the United States are determined by each state or local jurisdiction, so there is no nationwide consistency on the rights, responsibilities, and benefits accorded domestic partners.

Couples who live in localities without civil unions or domestic partnerships may voluntarily enter into a private, informal domestic partnership agreement, specifying their mutual obligations; however, this involves drawing up a number of separate legal documents, including wills, power of attorney, healthcare directives, child custody agreements, etc., and is best done with the guidance of a local attorney.

In any case, without legislation to enforce the agreement, all such provisions of the partnership may be ignored by hospitals, healthcare professionals, or other persons, and may be held invalid by state courts in disputes over child custody or over a deceased partner's estate.

Terminology

As currently (2008) understood in the United States, a civil union
Civil union in the United States
A civil union is a legally recognized union similar to marriage. Many people are critical of civil unions because they say they represent separate status unequal to marriage...

 is a legally recognized status almost identical to marriage, whereas domestic partnership often connotes a lesser status that may or may not be recognized by local law. However, the terminology is still evolving; the exact level of rights and responsibilities of domestic partnership depends on the particular law of a given jurisdiction.

Since 1999, the West Coast
West Coast of the United States
West Coast or Pacific Coast are terms for the westernmost coastal states of the United States. The term most often refers to the states of California, Oregon, and Washington. Although not part of the contiguous United States, Alaska and Hawaii do border the Pacific Ocean but can't be included in...

 states of California, Oregon
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...

, Washington
Domestic partnership in Washington
State Registered Domestic Partnerships in Washington were created in the aftermath of the Andersen v. King County decision. Subsequent legislation has made a SRDP the equivalent of marriage under state law.-Beginnings:...

, and Nevada
Recognition of same-sex unions in Nevada
Same-sex marriage in Nevada was banned in 2002 through Question 2, an amendment to the Constitution of Nevada, which passed with almost 67 percent of the vote. In 2009, the Nevada Legislature passed a bill to create legal recognition of same-sex unions in Nevada...

 have all passed domestic partnership statutes; in contrast, most legislatures in the New England
New England
New England is a region in the northeastern corner of the United States consisting of the six states of Maine, New Hampshire, Vermont, Massachusetts, Rhode Island, and Connecticut...

 region and New Jersey have preferred the term civil unions. However, as a result of the 1996 federal 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...

, a state may decline to recognize same sex marriages performed in other jurisdictions.

In many other countries, the equivalent legal status is referred to as registered partnership, and domestic partnership refers to cohabitation
Cohabitation
Cohabitation usually refers to an arrangement whereby two people decide to live together on a long-term or permanent basis in an emotionally and/or sexually intimate relationship. The term is most frequently applied to couples who are not married...

, rather than a legal status.

Legal rights

The legal rights afforded to partners depends on the location. State-level recognition of partners is, generally, significantly stronger and can help partners secure benefits such as leave similar to that provided under the Family and Medical Leave Act. The range of benefits is generally greater in such cities as San Francisco, New York City, and Washington, D.C.

Potential legal conflicts

Potentially serious legal issues arise from the conflict between state domestic partnership
Domestic partnership
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...

 and 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...

 laws, and the structure of 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...

, explicitly does not extend Federal law recognition to those unions. This means that, for example, though they may considered as spouses under the laws of some states, domestic partners do not have spousal rights to 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...

 benefits, to spousal benefits in the other partner's pension from a private employer (if that pension is governed by Employee Retirement Income Security Act
Employee Retirement Income Security Act
The Employee Retirement Income Security Act of 1974 is an American federal statute that establishes minimum standards for pension plans in private industry and provides for extensive rules on the federal income tax effects of transactions associated with employee benefit plans...

, ERISA), and will not be treated as spouses for purposes of any Federal tax law.

Employment benefits

Some public- and private-sector U.S. employers provide health insurance or other spousal benefits to same-sex partners of employees, although the employee receiving benefits for his or her partner may have to pay income tax on the value of the benefit.
Partner benefits are more common among large employers, colleges and universities than at small business
Small business
A small business is a business that is privately owned and operated, with a small number of employees and relatively low volume of sales. Small businesses are normally privately owned corporations, partnerships, or sole proprietorships...

es. The qualifications for and benefits of domestic partnership status vary from employer to employer; some recognize only same-sex or different-sex couples, while others recognize both.

According to data from the Human Rights Campaign Foundation, the majority of Fortune 500
Fortune 500
The Fortune 500 is an annual list compiled and published by Fortune magazine that ranks the top 500 U.S. closely held and public corporations as ranked by their gross revenue after adjustments made by Fortune to exclude the impact of excise taxes companies collect. The list includes publicly and...

 companies provided benefits to same-sex partners of employees as of June 2006. Overall, 41 percent of HR professionals indicate that their organizations offered some form of domestic partner benefits (opposite-sex partners, same-sex partners or both).

The San Francisco Human Rights Commission
San Francisco Human Rights Commission
The San Francisco Human Rights Commission is a department of the City and County of San Francisco that works to increase equality, eradicate discrimination, and to protect human rights for all people...

 maintains a list of health insurance providers that offer insurance plans that cover domestic partners, or employee+1 coverage online: Domestic partner insurance provider search. The Human Rights Campaign Foundation offers best practices on how to implement them (see: Domestic partner benefits).

Taxation of benefits

Because the U.S. Federal Government does not recognize same- or opposite-sex partners, tax benefits provided to opposite-sex spouses are generally not available to same-sex partners and spouses or opposite-sex partners. While there are certain exceptions, generally under the Internal Revenue Code
Internal Revenue Code
The Internal Revenue Code is the domestic portion of Federal statutory tax law in the United States, published in various volumes of the United States Statutes at Large, and separately as Title 26 of the United States Code...

 Section 152 the imputed value of the benefit will be considered taxable income
Taxable income
Taxable income refers to the base upon which an income tax system imposes tax. Generally, it includes some or all items of income and is reduced by expenses and other deductions. The amounts included as income, expenses, and other deductions vary by country or system. Many systems provide that...

. For example if an employee covers his or her partner under an employer health insurance plan, the estimated amount the employer pays to cover the partner will be added to the employee’s salary for tax purposes, unless the employee's partner is a qualifying dependent under Section 152. The same is not true for married couples.

The proposed Tax Parity for Health Plan Beneficiaries Act would remove these tax inequities.

Cities and counties with domestic partnership registries

Some U.S. cities offer domestic partnership registries. Some private employers use domestic partnership registrations for the purpose of determining employee eligibility for domestic partner benefits. The following are some examples of such registries.
For a full list of cities and counties see the following page: Cities and counties in the United States offering a domestic partnership registry
Cities and counties in the United States offering a domestic partnership registry
These 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...


New York City

Domestic partnerships in New York City exist for same sex couples and opposite sex couples in which both are above the age of 18 and are New York City residents (or at least one party to the partnership is an employee of the City of New York). The status provides essentially three benefits: (1) the ability to remain in a “rent controlled” apartment after the domestic partner lease holder dies, (2) the ability to visit the domestic partner in a city hospital or jail and (3) the ability of city employees to obtain subsidized health insurance for their partners and to obtain the benefits of the Family Medical Leave Act.

Signed into law by Rudolph Giuliani on July 7, 1997, the law codified executive orders by the previous two administrations. Other communities provide similar benefits; however one town, Eastchester, which had provided domestic partner benefits, has withdrawn the plan. State employees have received similar benefits under executive orders of the Governor and have been given priority over bodily remains of Domestic Partner as enacted into law by Gov. George Pataki
George Pataki
George Elmer Pataki is an American politician who was the 53rd Governor of New York. A member of the Republican Party, Pataki served three consecutive four-year terms from January 1, 1995 until December 31, 2006.- Early life :...

 in February 2006. For a discussion of both the history and implementation of New York Domestic partnerships see the June 2003 report of an official New York City Council study.

San Francisco

In 1982, a domestic partnership law 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 subsequently vetoed the bill. Not until 1989 was a domestic partnership law adopted in the city of San Francisco. As of December 2006, the city still offers a domestic partnership status separate from that offered by the state; city residents can apply for both.

Cities in Ohio

The first city to offer domestic partnerships in that state was Cleveland Heights
Cleveland Heights, Ohio
Cleveland Heights is a city in Cuyahoga County, Ohio, United States, a suburb of Cleveland. The city's population was 46,121 at the 2010 census.-Geography:Cleveland Heights is located at ....

 in 2003, which was passed by voter referendum.

Beginning in December 2007, Toledo
Toledo, Ohio
Toledo is the fourth most populous city in the U.S. state of Ohio and is the county seat of Lucas County. Toledo is in northwest Ohio, on the western end of Lake Erie, and borders the State of Michigan...

 became that state's second city to offer domestic partnerships.

The Cleveland City Council voted to enact a Domestic Partner Registry in 2008.

California

Domestic partnerships in California exist for same-sex couples, and for opposite-sex couples in which one person is above the age of 62. The state of California first offered domestic partnerships in 2000. The Domestic Partner Rights and Responsibilities Act, which added nearly all the state rights and responsibilities of marriage to domestic partnerships was signed in 2003 and took effect in 2005. Couples in state registered domestic partnerships prior to 2005 who remained registered on January 1, 2005 became entitled to the rights and responsibilities of the new law. Paid Family Leave covers registered domestic partners. In 2007, domestic partnerships were allowed to change their surnames - eliminating the last piece of discrimination in the domestic partnerships laws.

Nevada

A bill put forth creating a domestic partnership registry with the State attorney's office, passed by both chambers of the Nevada Legislature in early May 2009, but was vetoed by Gov. Jim Gibbons. On May 31, 2009, the Legislature overrode the governor's veto, thus putting domestic partnerships into effect. In 2002, Nevada voters approved Question 2 -- the referendum banning state recognition of same-sex marriages. The domestic partnerships are not officially marriages, but may be elevated to the status of a marriage if the couple involved wishes to proceed thus far (just like California). Heterosexual couples may also apply for a domestic partnership under Nevada law. The law took effect 1 October 2009.

Colorado

Since July 1, 2009, both opposite sex and same sex couples have been able to enter a designated beneficiary agreement which will grant them limited rights.

District of Columbia

Domestic partnership in the District of Columbia have been recognized since 1992. Effective since 1 March 2002 and expanded further to "near spousal level" rights which were given by a district vote in 2003, 2005, 2007, 2008 and in 2009.

Hawaii

Reciprocal beneficiary registration
Domestic partnerships in Hawaii
Since 1997, the U.S. state of Hawaii has offered reciprocal beneficiary registration for any adults who are prohibited by state law from marrying, including both same-sex and opposite-sex couples.-Benefits:...

 was enacted in 1997. The law took effect on 1 June 1997.

Maine

Domestic partnerships in Maine, enacted in 2004, exist for all couples, regardless of sex. The law took effect on 1 January 2005.

Maryland

Two bills, providing some limited domestic partnership rights for same-sex and different-sex couples, were passed by the 2008 General Assembly and came into effect on July 1 of that year.

Maryland now recognizes out of state same sex marriages.

New Jersey

Domestic partnerships in New Jersey have been available since July 30, 2004 for same-sex couples, and for opposite-sex couples in which one person is above the age of 62. However, on October 25, 2006, the Supreme Court of New Jersey ruled that under the New Jersey
New Jersey
New Jersey is a state in the Northeastern and Middle Atlantic regions of the United States. , its population was 8,791,894. It is bordered on the north and east by the state of New York, on the southeast and south by the Atlantic Ocean, on the west by Pennsylvania and on the southwest by Delaware...

 state constitution, the state could not deny the benefits of marriage to same-sex couples, although the court left it up to the legislature whether to call such relationships marriage or to use a different term. Complying with the court's ruling, on December 14, 2006, the New Jersey Legislature
New Jersey Legislature
The New Jersey Legislature is the legislative branch of the government of the U.S. state of New Jersey. In its current form, as defined by the New Jersey Constitution of 1947, the Legislature consists of two houses: the General Assembly and the Senate...

 passed a bill establishing civil unions for same-sex couples, which was signed into law by the governor on December 21 and came into effect on February 19, 2007.

Oregon

House Bill 2007, the Oregon Family Fairness Act, created legal recognition for same-sex couples and their families through domestic partnerships. The bill was signed by Governor Ted Kulongoski
Ted 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...

 on May 9, 2007, and was due to come into effect on the following January 1. However, on December 28, 2007, a federal judge delayed implementation of the law pending a hearing on the legality of a petition drive to overturn the law. On February 1, the judge lifted the injunction on the law. Same-sex couples were able to register beginning February 4.

Wisconsin

The Wisconsin legislature passed its 2009-2010 Budget on June 26, 2009. Governor Jim Doyle included language in the bill to allow for domestic partnership registrations for all unmarried persons, that will provide certain and limited rights and obligations of marriage. Wisconsin is the first state to offer such domestic partnership benefits despite having a constitutional ban on same-sex marriage and comparable alternatives, like civil unions. A legal analysis found on May 15, 2009, that adding such language to the budget despite the bans was likely legal. The law took effect 3 August 2009.

Washington

The Washington State Legislature approved a bill establishing domestic partnerships in the state during the 2007 (expanded further in 2008 and 2009) legislative sessions. All domestic partnership bills were signed by 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...

.

Referendum 71
Washington Referendum 71 (2009)
Referendum 71 was a vote held in 2009 in which the people of Washington state confirmed Senate Bill 5688, a law extending the rights and obligations of domestic partnership in Washington...

 sought voter confirmation of the 2009 domestic partnership extensions (SB 5688) in the 2009 elections. The bill was approved by 53 percent of the voters and became law.

Alaska

Domestic partnerships in Alaska have been ordered by the Alaska Supreme Court
Alaska Supreme Court
The Alaska Supreme Court is the state supreme court in the State of Alaska's judicial department . The supreme court is composed of the chief justice and four associate justices, who are all appointed by the governor of Alaska and face judicial retention elections and who choose one of their own...

 for same-sex partners of state employees. It was set to become law October 2006. The court has not gone so far as to make any specific policies but has instructed the state legislature to pass a bill to the same effect. If this happens, it would make Alaska the first determinedly red state to enact same-sex benefits. It would also be the only state with a specific same-sex marriage
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....

 ban to enact such benefits.

As of December 2006, legislative efforts to overturn or nullify the Supreme Court's ruling are underway, and the outcome is uncertain.

Colorado

The Colorado House of Representatives and Senate both passed a domestic partnership bill that was referred to voters in the November 2006 elections as Referendum I
Colorado Referendum I (2006)
Referendum I was a proposed law which would have established domestic partnerships in the U.S. state of Colorado. The bill was passed by the Colorado General Assembly and was submitted to popular referendum during general elections on November 7, 2006....

. In the general election, the proposal was defeated by a margin of 47% for, 53% against. If it had passed, the bill would have allowed same-sex couples many benefits that opposite-sex couples enjoy in the state.

Maryland

The Maryland General Assembly approved a bill establishing a limited form of domestic partnership in its 2005 session. The main effect of the law would have been to allow same-sex partners to have hospital visitation and medical decision-making rights for one another equivalent to those recognized for married couples. However, the bill was vetoed by Governor Robert L. Ehrlich, who reportedly objected to the bill's use of the phrase "life partner". The veto was not overridden.

Similar legal status classifications

  • 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,...

  • 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...

  • 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...


See also

  • Collins v. Brewer
    Collins v. Brewer
    Collins v. Brewer No. 2:09-cv-02402-JWS is a federal lawsuit seeking to overturn Arizona's passage of House Bill 2013, a 2009 law which removes state health insurance benefits provided to domestic partners. The bill was signed into law by Arizona Governor Jan Brewer in September 2009, who is the...

  • History of civil marriage in the United States
  • LGBT rights in the United States
  • Rights and responsibilities of marriages in the United States
    Rights and responsibilities of marriages in the United States
    According to the United States Government Accountability Office , there are 1,138 statutory provisions in which marital status is a factor in determining benefits, rights, and privileges...

  • Same-sex marriage in the United States
    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...

  • Same-sex unions in the United States
    Same-sex unions in the United States
    Same-sex unions in the United States are legally recognized in some states and municipalities in various forms. These are same-sex marriage, civil unions, domestic partnerships, and reciprocal beneficiary relationships. Legally recognized same-sex unions can be formed in thirteen states and the...

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