Legal Question in Discrimination Law in California
Domestic Partership Health Benefits
My daughter works for a company that offers domestic partner health care benefits for same sex couples but not opposite sex couples. Now that gay marriage has been approved in California, wouldn't that be considered discriminatory? If a gay couple does not want to marry but prefers to register for domestic partership, will they still be able to do so? Am I correct that a heterosexual couple under the age of 62 cannot register as domestic partners? I agree that EVERYONE should be able to marry regardless of sexual preference but Domestic Partnership should be equal as well.
2 Answers from Attorneys
Re: Domestic Partership Health Benefits
It is difficult to answer this before the courts, e.i. judges, decide.
I am assuming your first line was inverted, and the company offers health benefits for "traditional" marriage and not for domestic "partners.
My best guess, is that within a few years, a case based on this will hit the U.S. Supreme Court. Due to the conservative nature of Bush's appointments, I would tend to think they would find some convoluted logic to deny such benefits.
I agree with you, but, at present this is not the "law of the land" and might not be for many years.
Re: Domestic Partership Health Benefits
It's an interesting question: If a company offers domestic partner benefits at present, what will happen now that same-sex marriages are permitted in California? Will domestic partner laws be eliminated? It's premature to say so, and the legislature will have to address this. The issue of benefits is very complicated, because federal and state laws collide.
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