domestic partnership is the interpersonal relationship between two individuals who live together and share ordinary household life but not married (to each other or others), but they receive many benefits that ensure the right of a surviving ship, a home visit sick and others.
This term is not used consistently, which results in some confusion between jurisdictions. Some jurisdictions, such as Australia, New Zealand, and the US state of Oregon, Washington (available only if one party is 62 years or older), Nevada, Wisconsin, Maine, and California, use the term "domestic partnership" meaning what jurisdiction others call civil unions, civil partnerships, or registered partnerships. Other jurisdictions use terms as originally created, meaning interpersonal status created by local municipalities and districts, which provide a very limited range of rights and responsibilities.
Some legislatures voluntarily establish domestic partnership relationships with the law, not ordered to do so by the courts. Although some jurisdictions have institutionalized domestic partnerships as a way of recognizing same-sex marriage, there are laws that provide recognition of domestic partnerships that are opposite sex in many jurisdictions.
In some legal jurisdictions, domestic partners who live together for a long period of time but are not legally entitled to a marriage of common law may be entitled to legal protection in the form of a domestic partnership. Some domestic partners may enter the non-marriage contract contract to approve, whether oral or written, for issues involving property ownership, support obligations, and similar issues similar to marriage. (See marriage and palmoni effect.) In addition to the agreement, registration of relationships within a registrant of domestic partnerships allows jurisdictions to formally recognize domestic partnerships as valid relationships with limited rights.
Video Domestic partnership
In the United States
The origin of the term in the municipality of California
In August 1979, gay rights activist Tom Brougham proposed a new relationship category called "domestic partnership". Initially, the requirement is that only two people live together and are eligible to marry unless they are of the same gender. Additional requirements are then added for partners to maintain joint financial responsibility and for both are at least eighteen years old and able to enter into legal contracts.
San Francisco
In 1982, Brougham's definition was modified by Superintendent Harry Britt, a gay man appointed to succeed Harvey Milk. The Britt version was adopted and endorsed by the San Francisco Supervisory Board, but Dianne Feinstein, the mayor of San Francisco at the time, came under intense pressure from the Catholic Church and vetoed the bill. In 1989, domestic partnership law was adopted in San Francisco. However, voters revoked domestic partnership laws with the initiative; the modified version was restored by another voter initiative, Proposition K of 1990, which was also written by Britt. Currently, the city still offers separate and distinct domestic partnership status in benefits from those offered by the state; city ​​residents can apply for both.
According to the San Francisco Commission on Human Rights, "In 1982, the term 'domestic partner' was first used in a lawsuit filed by a San Francisco Commissioner for Human Rights employee, Larry Brinkin, Mr. Brinkin, then a Southern Pacific Railway employee, recently suffered a loss of eleven-year-old spouse When he was denied three days of mourning leave given to a married employee, he filed a lawsuit with the help of the ACLU.Brinkin lost his case.Although there is plenty of evidence to the contrary, the judge agreed with his employer's claim that there is no way to know if the relationship is legitimate. "
Berkeley
In 1983, the City Council of Berkeley, California, under the leadership of Mayor Gus Newport, ordered Human Relations and their Welfare Commission to develop a domestic partnership proposal. The Commission appoints the Vice Chairman, Leland Traiman, a gay activist, to lead the Domestic Partner Duty Task Force and draft the policy. Working with Tom Brougham, members of the Les Bay/Les Democrat Club East Bay, and Matt Coles's lawyer, the Domestic Partner Duty Task set out what has become the framework for the policy of domestic civil partners/unions around the world. The Berkeley City Commission on Humanity and Welfare held an open hearing in early 1984 on "Examining the Use of Marriage to Determine Benefits and Obligations at Berkeley and Alternative." A policy 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 rejected a proposal stating financial problems. On August 1, 1984, the Berkeley School Board enacted the policy by 4 to 1 votes. The school board movement was created by council members and community activist Ethel Manheimer.
In November 1984, all members of the city council for elections who had voted against the policy of losing re-election. Progressives from the Arnate Citizens' Action (BCA) who replaced them have voiced strong support for domestic partner policy. Lesbian/Gay Democrat Club East Bay has worked hard to choose BCA Slate. This is the first time a domestic partner is a campaign problem. 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 take advantage of under Berkeley's neutral-free policy was Brougham and his colleague Barry Warren.
However, the City Council did not create a registry for domestic partners until 1991. On October 11 of that year, 28 male and lesbian male couples and one heterosexual couple enrolled their partnership. The registry and benefits were also extended to non-resident couples in the same year.
West Hollywood
In 1985, West Hollywood city councilman John Heilman successfully introduced domestic partner legislation for city dwellers and employees endorsed by the city council and created the first domestic partnership registration .
All states
California
California created the first state-level domestic partnership in the United States in 1999. It is available to same-sex couples of all ages (as long as both parties are 18 years of age and above) and opposite sex couples where at least one party is 62 years of age or older.
On September 4, 2003 the California legislature passed an expanded domestic partnership bill, extending all state legal rights and marriage responsibilities to people in the country's domestic partnership. California's comprehensive domestic partner law is the first of its kind in the United States to be created by the legislature without a court order. The law became effective January 1, 2005.
Previous and pre-existing city and city partnership arrangements remain in force unless revoked by their local government. Thus, residents of San Francisco, West Hollywood, and some other locations may choose between local domestic partnerships, California domestic partnerships, or marriages. Nothing in the 1999 or 2003 domestic partnership law applies to any of the domestic or regional partnership procedures, whose scope is very limited and not portable beyond the jurisdiction that issues it.
The State of California has developed an Online Self Help Center that provides resources and information to help domestic partners in many areas, including proposing domestic partnerships, dissolving domestic partnerships, childcare issues, tax issues, and more.
Colorado
Since July 1, 2009, unmarried couples can legally enter into a designated beneficiary agreement that will grant them limited rights. The union legislation came into force on 1 May 2013.
District of Columbia
Washington, D.C., has acknowledged a domestic partnership since 1992. However, Congress banned the District from spending local funds to apply the law. The ban was lifted in federal allocation action for the District for fiscal year 2002. The domestic partnership in the District is open to same-sex couples and opposite sex. All couples registered as domestic partners are entitled to the same rights as family members to visit their domestic counterparts in the hospital and to make decisions regarding the care of the remaining domestic spouses after the death of a spouse. This measure also grants the right of District of Columbia government employees to a number of benefits. Domestic partners are eligible for health care insurance coverage, may use annual leave or unpaid leave for the birth or adoption of dependent children or to care for spouses in the household or spouse's dependents, and may make funeral arrangements for the deceased partner. The 2006 Domestic Partnership Equality Amendment Act, UU 16-79 DC, entered into force on 4 April 2006. This law provides that in almost all cases domestic partners will have the same rights as their spouses inheritance, probate, guardianship, and other rights traditionally given to the couple. The DC Council on May 6, 2008 approved the addition of 39 new provisions for the city's domestic partner law, bringing the law to the point where same-sex couples who register as domestic partners will receive most, but not all, the rights and benefits of marriage under District law.
Hawaii
Registration of reciprocal beneficiaries was enacted in 1997. The law came into force on 1 June 1997.
Maine
In April 2004, the legislature passed a domestic partnership bill. The law, which gives individuals of the same sex as the inheritance rights of the property and the guardianship of their partners to their deceased partners, entered into force on 30 July 2004. On May 6, 2009, the legislature and governor of Maine enacted legislation to legalize the same-sex marriage, but on 3 November 2009, the law was revoked by voters. Maine legalized same-sex marriage in December 2012.
Maryland
Since July 1, 2008, unmarried couples have been able to enter into an unregistered beneficiary agreement that will grant them limited rights such as the right to visit each other in the hospital, the right to share a room in a nursing home, and the right to make a funeral decision. The law on same-sex marriage comes into force on 1 January 2013.
Nevada
In Nevada, domestic partnerships are given all marital benefits, rights, obligations, and/or responsibilities (for opposite sex partners and same-sex couples over 18) and these have been available legally since 1 October 2009. The act does not specifically include each entity to provide health benefits to domestic partners. Additionally, due to uncertainty in action, most companies and entities within Nevada refuse to recognize or provide any major benefits or rights to registered domestic partners, leaving legal action the only way to collect individual rights.
New Jersey
The domestic partnership in New Jersey has been available since July 30, 2004 for same-sex couples, and for couples of the opposite sex where one person is over the age of 62. However, on October 25, 2006, the New Jersey Supreme Court ruled that under the New Jersey state constitution , the state can not deny the benefits of marriage for same-sex couples, although the court hands it over to the legislature whether to call the marriage of such a relationship or use a different term. In accordance with a court decision, on 14 December 2006, the New Jersey Legislature passed a bill establishing a civil union for same-sex couples, signed into law by the governor on 21 December and entered into force on 19 February 2007.
Oregon
Oregon Governor Ted Kulongoski signed a domestic partnership bill into law on May 9, 2007. Under the Oregon Family Justice Act, the law will grant some major rights to same-sex couples previously reserved only to married couples, including ability to apply jointly on insurance forms, hospital visitation rights, and rights associated with deceased partners. The initial implementation of the law was delayed by the federal Court, but the decision was lifted on 1 February 2008 and the law came into force on 4 February.
Washington
In the state of Washington, Governor Christine Gregoire signed a law allowing limited domestic partnership on April 21, 2007. The law, enacted July 22, 2007 and extended to all areas except for marriage in 2008 and 2009, allows same-sex couples as well as heterosexual couples when an individual is at least age 62) to enroll in a domestic partnership registry that enables spouses visitation rights, the ability to authorize an autopsy and organ donation, and the right of inheritance when there is no will. It follows the 1998 Billing talks by Washington State legislature that defines marriage as between a man and a woman; this law was upheld by the Washington State Supreme Court in 2006. The Washington State Senate Report
Same-sex marriage is legalized in Washington from 6 December 2012. As a result, domestic partnership laws are changed so that from 30 June 2014, domestic partnerships will only be available if at least one of these partners is sixty years old. two years or older.
Wisconsin
Wisconsin is the first state in the Midwest that legislatively implements similar unions. Of about thirty states banning same-sex marriage and civil unions, Wisconsin is the first (and only) one to impose a domestic partnership.
On March 5, 2009, Wisconsin Governor Jim Doyle proposed legislation for same-sex partnership in Wisconsin.
In June 2009, the Wisconsin State Assembly and the Senate both passed a bi-annual state budget that included the protection of domestic partnerships for country-state couples.
On June 29, 2009, Governor Jim Doyle signed the budget, giving final approval for the benefits of a limited domestic partnership for same-sex couples living in Wisconsin.
On July 23, 2009, three members of the Wisconsin Family Action petitioned for the original action in Wisconsin High Court, seeking a statement that domestic counterparts are unconstitutional under the State Marriage Protection Amendment.
The law came into force on 3 August 2009.
November 4, 2009: Supreme Court of Wisconsin rejects Apply v. Doyle , the Wisconsin Action Family's legal challenge to domestic partnerships.
13 May 2011: Governor Scott Walker is asked to lift the state defense of the domestic partnership registry.
June 20, 2011: Dane County judge Dan Moeser decides that domestic partnership registration does not violate the country's constitution, finding that the country "does not recognize domestic partnerships in a way that even remotely resembles how the country recognizes marriage".
More status
Many countries recognize through their justice system cohabitation agreements and mutual legal partner agreements agreed between two partners in a relationship. It is a de facto domestic partnership that protects both parties and allows for joint ownership and court recognition of their relationships.
Sometimes adult adoption by gay couples creates a de jure domestic partnership in all 50 states.
Local level
United States Military
On February 11, 2013, Defense Minister Leon Panetta submitted a memorandum (subject: Extending Benefits to the Same Domestic Partner of Military Members) outlining the benefits to be provided to service members in domestic partnerships. Newly listed benefits available to gay and lesbian service members are to include:
- ID Card Depends
- Commissioner privileges
- Swap privileges Moral, Welfare, and Recreation (MWR) privileges
- Military Family Survey
- Quarterly Life Review Quality
- Emergency leave
- Leave Without Emergency
- Youth Sponsorship Program
- Youth Program
- Family Center Program
- Sexual Assault Counseling Program
- Shared Task Duties
- Exception from Hostile Fire Area
- Transportation to and from specific workplaces and in military installations, as well as primary and secondary schools for dependents
- The Authority's Office Authority for Transporting Remnants from Dependents
- Death and Death Compensation: Member Dependent Arrested as a Prisoner
- Payments for Missing Persons
- Space Travel Available on Airplane
- Child Care
- Legal Help
Implementation of the plan was canceled after the Supreme Court lowered its opinion in the United States v. Windsor .
Maps Domestic partnership
In Europe
In France since 1968, chapters 515-81 of Code civil define a domestic partnership (in French: concubinage or concubinage notoire) as a de facto union > between two people, of the same sex or the same sex, is characterized by a stable and sustainable cohabitation and partnership. France's fiscal administration takes into account the calculation of the solidarity tax on wealth but not for any other purpose. All children enjoy the same rights both inside and outside of marriage. Since 1999 French law also provides a civil solidarity pact (in French:
Hungary has a domestic partnership, while most other countries in Europe recognize some form of civil union, also called registered partnerships, or civil partnerships for same-sex partners, who have the same rights as marriages with LGBT couples. Croatia also had a domestic partnership until June 2014 when the Croatian parliament passed a law allowing civil partnerships for same-sex couples to grant them all rights except the right of adoption.
In Hungary, since 1995 domestic partnerships in the form of unregistered cohabitation offer limited rights compared to marriages in the Civil Code (more in health and pensions, but no inheritance), although more Hungarian couples, both opposite sex partners and same-sex couples choose this partnership rather than marry. In April 2009, the Hungarian Parliament issued the Registration Partnership Act 2009 with a vote of 199-159, which provides registered partnerships for same-sex couples with all benefits and marriage rights (except for the marriage itself, adoption, IVF access , taking the names of spouses, descendants and surrogacy). The law was passed in December 2007 by a vote of 110-78, but the Hungarian Constitutional Court "is deeply concerned" that the law is a duplication of different marriage and gender allowances, so the same couple are chosen.. Some politicians from the Free Democratic Alliance and Hungarian Socialist Parties have championed marriages for same-sex couples. Partnership Registration Act 2009 goes into effect from 1 July 2009.
In Oceania
Australia
Since January 9, 2018 same-sex marriage has become legal throughout Australia. Since July 1, 2009, Australia has also recognized the de facto relationship for all sex partners.
- Australian Capital Territory (domestic relations status given from 1994 and Civil relations provided since 2008).
- Commonwealth (Australian Federal Government provides de facto and registered links since 2009).
- New South Wales (de facto status given since 1999, expanded again in 2002, 2005, and 2008) [2].
- Norfolk Island (de facto status granted starting 2006).
- Northern Territory (de facto status provided since 2003).
- Queensland (de facto status given since 1999, expanded again in 2002).
- South Australia (domestic relationship status given since 2007).
- Tasmania (de facto status awarded from 2003, "Significant Registration/Relationship System" provided since 2004) Recognition of same-sex trade unions in Tasmania
- Victoria (the domestic relationship status given since 2001 and the "registry system" has been provided since 2008).
- Western Australia (de facto status provided since 2002).
New Zealand
In 2001, the 1976 Property Law (Relations) extended to offer partners in an unregistered "de facto relationship", a right similar to that of a married couple. The de facto relationship is defined as the relationship between two persons living as spouses, unmarried or in a civil union. This applies to same heterosexual sex couples and couples. Since 2013, same-sex marriage is legally recognized and conducted in New Zealand and still includes unregistered "de facto" relationships, rights similar to married couples.
See also
- Cohabitation
- Civil unity
- Free union
- Marriage with ordinary law
- same-sex marriage
- same-sex marriage in California
References
External links
- same-sex marriage, Civil Marriage, and Household Partnership from The New York Times
- The Domestic Partnership, EncyclopÃÆ'Â|dia Britannica
- Know Your Rights: Legal Advice for Couples where Marriage and/or Domestic Partnership is Illegal
- What rights do I have as part of an unmarried couple
Source of the article : Wikipedia
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