California Supreme Court Extends Current Domestic Partner Laws

By Christina Rentz

Published on August 02, 2005

The decision came after a San Diego woman sued a local country club for not granting golfing privileges to her registered domestic partner. The country club permits a member's spouse and children to play unlimited golf. The club, which recognizes live-in boyfriends, girlfriends, and grandchildren under this policy, refused to extend the benefits to same-sex couples, claiming its policy prevents an overuse of the grounds and preserves the club's family environment.

The court disagreed, stating that denying such benefits to a same-sex couple legally registered as domestic partners amounts to marital status discrimination.

The court's ruling widens the scope of the California domestic partner laws passed in 2000, which gave registered same-sex couples many, but not all, of the legal benefits married heterosexual couples enjoy. These benefits include access to the partner's employee health benefits and parental rights in cases where the couple has children.

The ruling will affect a broad range of private businesses including banks and lenders. For example, banks will now have to consider the joint income of domestic partners when making a loan.

Although many are hailing the decision as a decisive victory for gay rights, some gay rights activists are apprehensive about the effect this ruling may have on the fight to legalize gay marriage. One legal expert cautions that this decision could undermine the defense that a ban on gay marriage equals discrimination.

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