Pros and Cons of Gay Marriage Domestic Partnership

Category: Others/ Misc

Presentation Description

Pros and Cons of Gay Marriage and Domestic Partnership in California


Presentation Transcript

Slide 1: 

Pros and Cons of Gay Marriage and Domestic Partnership in California. presented by: Thomas G. Martin, Esq.

Slide 2: 

Legal Disclaimer This presentation is provided purely for educational and informational purposes, does not constitute legal, accounting or other professional advice, and does not create an attorney-client relationship. Only through a personal, confidential consultation with qualified legal counsel can anyone properly evaluate their own unique legal challenges and determine what, if any, appropriate legal strategies and tactics should be implemented to meet those challenges. IRS Circular 230 Disclaimer “Nothing in this presentation is intended or written to be used, and cannot be used by any person for the purpose of avoiding tax penalties regarding any transactions or matters addressed herein. You should always seek advice from independent tax advisors regarding the same.”

May 15, 2008 : 

May 15, 2008

California Supreme Court : 

California Supreme Court In a 4-3 decision, the state high court overturned the ban on gay marriage. GEORGE, C. J. KENNARD, J. WERDEGAR, J. MORENO, J.

Slide 5: 

“An individual’s sexual orientation -- like a person’s race or gender -- does not constitute a legitimate basis upon which to deny or withhold legal rights. We therefore conclude that in view of the substance and significance of the fundamental constitutional right to form a family relationship, the California Constitution properly must be interpreted to guarantee this basic civil right to all Californians.” Chief Justice Ronald George

June 16, 2008 : 

June 16, 2008

Marriage versus Domestic Partnership : 

Marriage versus Domestic Partnership

Slide 8: 

Common Residence What’s Different? Required to become domestic partners, but not necessary to marry. 1

Slide 9: 

Age of Consent What’s Different? Under 18 can marry with consent of parent, but not to become partner. 2

Slide 10: 

Paperwork What’s Different? You have to jump thru more hoops to marry, less to become partners. 3

Slide 11: 

Privacy What’s Different? Marriages may be confidential, not so for domestic partnerships. 4

Slide 12: 

Summary Dissolution What’s Different? No court judgment required to dissolve domestic partnership. 5

Slide 13: 

Divorce Out of State Partner What’s Different? Domestic partnership may be dissolved even if neither partner is resident. 6

Slide 14: 

No Federal Recognition What’s not Different? Many federal benefits are unavailable to same sex spouses, domestic partners. 7 X

Slide 15: 

Veteran’s Widow(er) What’s Different? $1,000 property tax exemption to veteran’s widow, not domestic partner. 8

Slide 16: 

Putative Spouse What’s Different? When marriage invalid due to technicality, “spouses” share property. 9

Slide 17: 

Clarity What’s Different? Same sex marriage is subject to voter initiative challenge. 10

Let’s Recap. : 

Let’s Recap.

Slide 19: 

Marriage Domestic Partnership Putative Spouse Veteran’s Widow Benefit Confidential Marriage No Summary Dissolution w/o Court Judgment More Paperwork to establish Age of Consent Flexible Spouse Must Be Resident to Divorce Need Not Be Living In Common Residence Unstable, subject to challenge No Putative Spouse No Veteran’s Widow Benefit No Confidential Domestic Partnership Summary Dissolution w/o Court Judgment Less Paperwork to establish Must be 18 or over Out of State Partner Can Be Divorced Common Residence Clarity, stability

What does it mean? : 

What does it mean?

Where Do We Go From Here? : 

Where Do We Go From Here?

Thank You! : 

Thank You!

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