This article will discuss the current state of LGBT Relationship Recognition in the United States, which varies from one state to the next. Learn more about LGBT relationship recognition in California in this presentation.

1. “This article will discuss the current state of LGBT Relationship
Recognition in the United States, which varies from one state to the
next.”
LGBT RELATIONSHIP
RECOGNITION
IN CALIFORNIA
Scott P. Schomer
Los Angeles Estate Planning and Elder Law Attorney

2. LGBT Relationship Recognition in California www.schomerlawgroup.com
2
Marriage is not only considered a sacred institution in the public eye, but it also
represents a legal union that provides certain federal rights and privileges.
These rights and privileges are often taken for granted by heterosexual married
couples. No one questions the right of a husband to make medical decisions for
his wife, when she is unable to do so. However, these same rights are not
guaranteed to gay couples in states that do not recognize gay marriage. This
article will discuss the current state of LGBT Relationship Recognition in the
United States, which varies from one state to the next.

3. LGBT Relationship Recognition in California www.schomerlawgroup.com
3
Recognition of Marriage Between Individuals of the Same Sex
In the United States, there are currently 26 states, and the District of Columbia,
that allow same-sex couples to marry. Those states include California, Colorado,
Connecticut, Delaware, Hawaii, Illinois, Indiana, Iowa, Maine, Maryland,
Massachusetts, Minnesota, New Hampshire, New Jersey, New Mexico, New York,
Oklahoma, Oregon, Pennsylvania, Rhode Island, Utah, Vermont, Virginia,
Washington, and Wisconsin. Five other states are bound by federal appellate
court decisions that struck down gay marriage bans. However, official action has
not yet been taken in those states to make marriages possible.

4. LGBT Relationship Recognition in California www.schomerlawgroup.com
4
It should be noted that, some states, which still do not allow same-sex marriage,
do recognize same-sex marriages of couples who were legally married in another
jurisdiction.
Civil Unions and Domestic Partnerships
Civil unions and domestic partnerships are not equal to legal marriage, but they
both signify tremendous advances in the continuous struggle for equal treatment
that same-sex couples
share. A civil union is
one legal status available
in some states, which
provides most of the
rights and responsibilities
of married individuals in
that particular state.
Domestic partnerships
are another legal status,
though much less formal.
Civil unions are currently recognized in Colorado, Hawaii, Illinois and New Jersey.
California recognizes registered domestic partnerships, along with Oregon,
Nevada, Washington and the District of Columbia.
The Effects of State and Federal Laws

5. LGBT Relationship Recognition in California www.schomerlawgroup.com
5
Laws, both state and federal, control the ways in which couples can jointly own
property, who can inherit from whom, how taxes and determined and paid, and
who has the power to make health care decisions, if one partner becomes
incapacitated. The problem is, most laws apply solely to legally married couples.
While married couples inherit property automatically, even when there is no will,
the same is not true for unmarried same-sex couples.
The Current Status of LGBT Law in California

6. LGBT Relationship Recognition in California www.schomerlawgroup.com
6
On June 28, 2013, same-sex couples were first allowed to marry in California.
But the road to recognition was long and arduous. From June 16, 2008 until
November 4, 2008, same-sex couples had been allowed to marry, until
Proposition 8 was passed, banning same-sex marriages. It was not until 2013
that the federal appellate court struck down the proposition. Like most states
that recognize same-sex marriages, California also recognizes same-sex
marriages legally performed in other states.
The History of Proposition 8 in California
The California Supreme Court decided, in 2008, in In re Marriage Cases, that it
was a violation of the California Constitution to forbid same-sex couples from
marrying. At that point, gay
couples began to marry.
However, on November 4,
2008, Proposition 8 was
passed (by a very slim
majority), which effectively
changed California’s
Constitution.
The California Supreme
Court upheld the
proposition, but required
that the state continue to recognize the same-sex marriages that had already
been performed in California. Although the Court admitted that the California

7. LGBT Relationship Recognition in California www.schomerlawgroup.com
7
Constitution required equal treatment of same-sex couples, that requirement did
not apply to access to marriage.
Proposition 8 Held Unconstitutional
Then, in August 2010, a California district court found Proposition 8 to be
unconstitutional under the U.S. Constitution, and the decision was affirmed by a
United States Court of Appeals in February 2012. Once Proposition 8 was struck
down, California was required to recognize same-sex marriages just as they
would heterosexual marriages.

8. LGBT Relationship Recognition in California www.schomerlawgroup.com
8
With regard to domestic partnerships, they have been recognized in California
since January 1, 2005. This type of relationship, in California, carries with it
nearly all of the rights and responsibilities of a legal marriage.
How Can Gay Couples Protect Their Rights For the Future?
As the laws in each state continue to change, the LGBT community will have
many obstacles to overcome, especially when it comes to estate planning. While
everyone can reap the benefits of a comprehensive estate plan, advance
planning may be more important for same-sex couples.

9. LGBT Relationship Recognition in California www.schomerlawgroup.com
9
Gay couples should not depend on society or the ever-changing laws to validate
their relationships. Instead, having a good estate plan will ensure that everyone
recognizes and respects your partner and your wishes, after your death.
If you have questions regarding LGBT relationship status, or any LGBT estate
planning needs, please contact the Schomer Law Group either online or by
calling us at (310) 337-7696.

10. LGBT Relationship Recognition in California www.schomerlawgroup.com
10
About the Author
Scott P. Schomer is a graduate of Boston University School of Law and is
a frequent lecturer on estate planning and elder law issues, having
appeared on local and national television discussing the importance of
estate planning. Scott has an extensive litigation background and has over
the years obtained in excess of twenty five million dollars in judgments
and verdicts for his clients. Scott is a member of the Probate Volunteer
Panel and has been appointed by the Los Angeles Superior Court to
represent numerous parties in contested proceedings in the probate court.
Scott has also served as Judge Pro Tempore of the Los Angeles
Municipal Court and also been appointed by the court as an expert in
probate matters. Because of his extensive experience, Scott brings a unique perspective to
helping protect his clients.
SCHOMER LAW GROUP
Schomer Law Group is a professional law corporation that specializes in elder law, probate,
wills, trusts and conservatorships. We counsel clients on the unique legal issues relating to
advancing age. Whenever possible, we prefer to help clients plan for the future, avoid probate,
minimize taxes and solidify their legacy. We also help clients plan for possible incapacity and
long-term care. We help our clients deal with issues of aging with independence and dignity. In
addition to estate planning, our firm has considerable experience helping victims of elder
abuse. Our firm has aggressively pursued remedies and recovered assets belonging to our
elderly clients where unscrupulous individuals have taken advantage of the elderly because of
diminished capacity or other impairments.
8740 South Sepulveda Blvd, Ste 107
Los Angeles, CA 90045
Phone: (310) 337-7696
Website: www.schomerlawgroup.com