language-icon Old Web
English
Sign In

Domestic partnership

A domestic partnership is an interpersonal relationship between two individuals who live together and share a common domestic life, but are not married (to each other or to anyone else). People in domestic partnerships receive benefits that guarantee right of survivorship, hospital visitation, and others. AndorraChileCroatiaCyprusCzech RepublicEstoniaGreeceHungaryItalyLiechtenstein Mexico: · TlaxcalaNetherlands: · ArubaSan MarinoSloveniaSwitzerlandUnited Kingdom:· Northern Ireland Bulgaria7Cambodia:· 50 communesChina:7· Beijing, Hong KongCosta RicaIsraelLatvia7Lithuania7 Netherlands:2 · Curaçao, St MaartenPolandRomania7Slovakia7United Kingdom:· Cayman Islands * Not yet in effect, but automatic deadline set by judicial body for same-sex marriage to become legalCategory:LGBT culture A domestic partnership is an interpersonal relationship between two individuals who live together and share a common domestic life, but are not married (to each other or to anyone else). People in domestic partnerships receive benefits that guarantee right of survivorship, hospital visitation, and others. The term is not used consistently, which results in some inter-jurisdictional confusion. Some jurisdictions, such as Australia, New Zealand, and the U.S. states of California, Maine, Nevada, Oregon and for couples over 62 within Washington use the term 'domestic partnership' to mean what other jurisdictions call civil union, civil partnership, or registered partnership. Other jurisdictions use the term as it was originally coined, to mean an interpersonal status created by local municipal and county governments, which provides an extremely limited range of rights and responsibilities. Some legislatures have voluntarily established domestic partnership relations by statute instead of being ordered to do so by a court. Although some jurisdictions have instituted domestic partnerships as a way to recognize same-sex marriage, statutes do exist which provide for recognition of opposite-sex domestic partnerships in many jurisdictions. In some legal jurisdictions, domestic partners who live together for an extended period of time but are not legally entitled to common-law marriage may be entitled to legal protection in the form of a domestic partnership. Some domestic partners may enter into nonmarital relationship contracts in order to agree, either verbally or in writing, to issues involving property ownership, support obligations, and similar issues common to marriage. (See effects of marriage and palimony.) Beyond agreements, registration of relationships in domestic partnership registries allow for the jurisdiction to formally acknowledge domestic partnerships as valid relationships with limited rights. In August 1979, gay rights activist Tom Brougham proposed a new category of relationship called 'domestic partnership'. Initially, the requirements were that only two people who resided together and were qualified to marry except that they were the same gender. Additional requirements were later added for the partners to maintain mutual financial responsibility and for both to be at least eighteen years old and able to enter into a legal contract. In 1982, Brougham's definition was modified by Supervisor Harry Britt, a gay man appointed to replace Harvey Milk. Britt's version was adopted and passed by the San Francisco Board of Supervisors, but Dianne Feinstein, mayor of San Francisco at the time, came under intense pressure from the Catholic Church and vetoed the bill. In 1989, a domestic partnership law was adopted in San Francisco. However, voters repealed the domestic partnership law by initiative; a modified version was reinstated by another voter initiative, 1990's Proposition K, also written by Britt.Currently, the city still offers a domestic partnership status separate and differing in benefits from that offered by the state; city residents can apply for both. According to the San Francisco Human Rights Commission, 'In 1982, the term 'domestic partner' was first used in a lawsuit filed by San Francisco Human Rights Commission employee Larry Brinkin. Mr. Brinkin, then an employee of Southern Pacific Railway, had recently suffered the loss of his partner of eleven years. When he was denied the three days of paid bereavement leave given to married employees, he filed suit with the assistance of the ACLU. Mr. Brinkin lost his case. Despite a great deal of evidence to the contrary, the judge agreed with his employer's claim that there was no way to know if his relationship was legitimate.' In 1983, the City Council of Berkeley, California, under the leadership of Mayor Gus Newport, ordered their Human Relations and Welfare Commission to develop a domestic partnership proposal. The Commission appointed its Vice-Chair, Leland Traiman, a gay activist, to head the Domestic Partner Task Force and draft a policy. Working with Tom Brougham, members of the East Bay Lesbian/Gay Democratic Club, and attorney Matt Coles, the Domestic Partner Task Force drafted what has become the template for domestic partner/civil union policies around the world. The City of Berkeley's Human Relations and Welfare Commission held a public hearing early in 1984 on 'Examining the Use of Marriage to Determine Benefits and Liabilities in Berkeley and the Alternatives'. A policy was adopted by the Commission and presented to the City Council. A copy was sent to the Berkeley School Board. In July 1984 the City Council voted down the proposal citing financial concerns. On August 1, 1984, the Berkeley School Board enacted the policy by a 4 to 1 vote. The school board motion was made by board member and community activist Ethel Manheimer. In November 1984, all the city council members up for election who had voted against the policy lost reelection. Progressives from the Berkeley Citizens' Action (BCA) slate who replaced them had voiced strong support for a domestic partner policy. The East Bay Lesbian/Gay Democratic Club had worked hard to elect the BCA Slate. This was the first time domestic partners was a campaign issue. At the first meeting of the new City Council in December 1984, the Berkeley City Council enacted a policy extending employee benefits to unmarried couples of any gender. The first couple to file for benefits under Berkeley's sex-neutral policy were Brougham and his partner Barry Warren.

[ "Public administration", "Gender studies", "Pathology", "Demography", "Law" ]
Parent Topic
Child Topic
    No Parent Topic