On Wednesday, Judge Loren E. McMaster of the California Superior court in Sacramento upheld a new California law that grants nearly all the duties and privileges of marriage to domestic parthers. The Argus reports:
In his ruling, McMaster ruled that domestic partnership and marriage share many functional attributes, but they are distinct legal entities. Since domestic partnership is not marriage, the California DOMA forbidding state recognition of same sex marriages does not prohibit them. It also does not prohibit extension of marital benefits to domestic partnerships.
The judge expressed no opinion on the constitutionality of California’s DOMA. That issue of whether or not marriage itself can be restricted to the one-man one-woman will be decided in other cases which are progressing through California’s court system.
Unsurprisingly, while gay rights activists hope to gain more in time, they are pleased by the ruling. Domestic partnership with extensive benefits is different from marriage. The partnerships aren’t portable to other states, and they have no federal recognition, but making them more similar to marriage is a big step forward.
Opponents plan to continue in their quest to persuade the type of activist judge they like to overrule this particular law which was enacted by the legislature and will appeal. If this ruling is upheld on appeal, the law will go into effect on January 1, 2005. For more see:
The Sacramento Bee and The Mercury News
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