Thursday, May 28, 2009

So if CA Domestic Partnerships are like marriage....

One of the few good things we can pull out of the decision on Tuesday--okay, maybe the only good thing-- may be the court saying that all they got was the word. The Court SAYS that aside from the designation, that otherwise gay couples should have a relationship that is basically the same as marriage.

So, it's time to start asking questions. Because right now, we know it's not.

Here's my first question: how come you don't get them the same way?

Here's how you get a marriage license (obl disclaimer: I am one of the 18,000)
  1. Must go personally to county office with check
  2. County officer sits down with you to review rules
  3. Get married within 90 days with an appropriately certified person performing marriage (JP, Clergy, or one-day-commissioner)
  4. get witnesses to sign
  5. Submit for filing
  6. receive copy of official filed version
Right now, getting a DP is like a notarized dog license (obl discl: I don't have one, but I looked it up on the website)
  1. Download form
  2. Go have it notarized at Kinko's
  3. mail in with a check.
So if they are the same rights and responsibilities, really, shouldn't they have the same licensing requirements?

It sounds trivial. But if they claim it's the same, damn right we should make sure it's the same. SAME requirements for a licensed "presider". SAME requirements for witness. SAME DAMN FORM provided at the SAME PLACE.

There are other restrictions. DP's must currently share a residence; straight couples, not. Dissolution is different. Portability is non-existant (my marriage is recognized in several other states and numerous countries. A DP, not.) All of these differences must be eliminated. Will they be the same then? HELL, NO. The court in New Jersey found that civil unions are not the same, and indeed, our own court found just a year ago that the Word Matters.

BUT we should make them stick to what they said. They SAID it was the same. C'mon people. It's going to be 2010 before we get this back. Let's get everything we can in the meantime and prove the point. I want those fundies spending their money in court trying to keep us from getting our rights, so their bigotry is clear to see.


Erp said...

I can see several ways of attack.

1. SS couple married in Massachusetts (or some other area that has SS marriages) before prop 8 moves to California and demands recognition of their marriage.

2. SS couple married elsewhere after prop 8 passed moves to California and demands recognition of their marriage

(In both of the above cases without getting California DP status.)

3. Getting a proper marriage license equivalent instituted without the word 'marriage' so as to ensure the 'equality'. Such a 'civil union' license should also be available to opposite sex couples (I suspect some might want to use it to be in solidarity with their friends).

IT said...

Hi erp
Thanks for stopping by. The straights also might like it as "marriage-lite." That's what happened in France. Ooooh.....I feel a post coming....