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Same-sex marriage is about recognition, not legal benefits
| Tuesday, Jun 10 2008 7:05 PM
Last Updated: Wednesday, Jun 11 2008 7:57 AM
It’s the label that matters this time because, experts say, few new rights and responsibilities will open up for gay and lesbian couples who get married in California.
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“The transition that’s happening now is in public recognition and having all couples within the same system, which increases consistency and predictability of the law and provides equal dignity to gay and lesbian couples,” said Jenny Pizer, senior counsel at Lambda Legal, one of the groups that represented gay and lesbian couples in the case that led to the gay marriage law.
Couples will now marry at the county level instead of registering as domestic partners with the state. They will also be able to legally stand beneath the same banner afforded straight couples — marriage.
But the state domestic partners law that took effect in 2005 transferred to same-sex couples nearly all the benefits enjoyed by married heterosexuals, including health coverage for dependent domestic partners employed by government agencies.
“The Kern High School District has been honoring domestic partnerships since that time,” said district spokesman John Teves. “It’s the law.”
The city of Bakersfield already grants domestic partner benefits to employees who have state-registered partnerships, and would have to grant benefits to anyone who is legally married, regardless of gender, said Javier Lozano, the city’s human resources manager.
“I don’t expect it to be a big issue for us, but that’s just a guess,” Lozano said. He said he doesn’t have any idea how many homosexual employees the city has.
Initially the domestic partners law excluded joint tax filings with the state but that has changed and income earned in 2007 could be filed jointly for the first time this year, Pizer said.
But the marriages still are not recognized under federal law. For instance, couples would not have access to a spouse’s Social Security and could not file joint federal returns.
Massachusetts is the only other state that offers gay marriage. New York recognizes marriages from other states and countries.
Rhode Island may soon follow suit, Pizer said. Connecticut and Iowa both have cases pending in their highest courts.
Meanwhile, businesses with benefit plans controlled by California law must provide equal packages to opposite and same-sex married couples starting June 17, according to the California Department of Fair Employment and Housing.
This mandate will be effective as long as the employer falls under the jurisdiction of the Fair Employment and Housing Act, which, for example, does not include religious employers or companies with fewer than five employees.
Because not all states recognize same-sex marriages, gay couples can also file for a domestic partnership, said Bill Branch, deputy director of communications for the department. This might help couples if they move to a state recognizing out-of-state domestic partnerships.
Sun World International, Chevron Corp. and The Bakersfield Californian are among businesses that already have benefit policies for same-sex domestic partnerships.
Sun World International began offering same-sex benefits a little more than a year ago to partners who have registered with the state, said David Aquino, vice president of human resources.
The Californian has had domestic partnership benefits, both same-sex and opposite-sex, for more than five years. The company does not require partners to register with the state but does require a company affidavit.
“We are ahead of the curve,” said Nancy Chaffin, vice president for human resources. “Our company has had a long history of providing a full-range of compensatory benefits to our employees.”
At Chevron, there is already a well-defined domestic partnership benefits package available to all employees regardless of whether employees are in states that recognize same-sex unions or partnerships, said Roger Christy, the government and public affairs representative.
Other businesses said they have not yet discussed policy changes.
Giumarra Vineyards Corp. Chief Financial Officer Bill Butler said the company has not discussed whether it will make any changes, but it follows the law regarding domestic partnerships.
The Greater Bakersfield Chamber of Commerce President and CEO Debbie Moreno said the chamber will consider the benefits package for its employees the next time it reviews its policies. — Staff writer James Geluso contributed to this report.