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 Calif Appeals Court Rules In Gay Partner
Assets Case
by 365Gay.com Newscenter Staff
Posted: May 8, 2008 - 1:30 pm ET
(Santa Ana, California) Same-sex partners who
believe they are registered as domestic partners but are not have the same
rights as people whose relationships are registered under the state partnership
law an appeals court has ruled.
The decision reverses an Orange County court ruling
that said partnerships are only legally valid if registered with the state.
The appeals court ruling allows Darrin Ellis, 35,
to seek an equitable share of the assets from his relationship with former
partner David Arriaga, 44.
Ellis and Arriaga were in a committed
relationship for over five years. On August 14, 2003, the pair met with their
attorney to execute estate planning documents and their Declaration of Domestic
Partnership. Arriaga was to send the notarized form to the California Secretary
of State's office, and Ellis believed Arriaga had done so.
It was not until the relationship ended in 2006
that Arriaga informed Ellis he had never mailed the Declaration of Domestic
Partnership to the Secretary of State.
Ellis filed a petition for Dissolution of
Domestic Partnership (the equivalent to a divorce) on September 8, 2006.
On October 24, 2006 Arriaga asked the court to
dismiss the petition, arguing that no domestic partnership had been created
because he never sent the notarized form to the Secretary of State.
The trial court agreed with Arriaga's
interpretation of California's domestic partnership law and dismissed the case
on February 2, 2007. Lambda Legal appealed pm behalf of Ellis.
People in different-sex relationships who
believed they were married and have lived their life as married only to find out
later that their marriage was not valid are protected by California's
"putative spouse doctrine."
Lambda Legal argued that California's domestic
partner law should give same-sex couples the same protection under the
"putative spouse doctrine". The trial court's interpretation of the
domestic partnership law raises serious constitutional questions, the brief
argued.
In its ruling as panel of the 4th District Court of Appeals
said there is "no sound reason" to deprive people of their rights if
they "reasonably believed" they had registered as domestic partners.
About 49,000 couples are registered as domestic
partners in California.
"This case shows how important marriage equality is to protect same-sex couples' families," said Lambda Legal Staff Attorney Tara Borelli, who
argued before the court.
"If Darrin and David could have gotten married,
Darrin wouldn't have to ask the Court for the same protections that heterosexual spouses can take for granted."
The issue of same-sex marriage is before the
California Supreme Court with a decision expected before June 5th.
©365Gay.com 2008
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