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Loading ...Survivor’s Home Protection Act advances in California
05.22.2009 3:05pm EDT
(Sacramento, California) California legislation to protect LGBT partners, particularly seniors, from having to pay unfair property taxes following the death of their partner, has passed a key committee vote.
The Assembly Revenue and Taxation Committee passed the bill by a vote of 6-3. It now moves to Assembly Appropriations Committee.“No person should be taxed out of their home because of a discriminatory law,” said Equality California Executive Director Geoff Kors.
“This bill will help ensure that people do not risk losing their home when their partner dies. To add the loss of one’s home to the devastation suffered from the loss of a loved one is unconscionable.”
Under current law, spouses and Registered Domestic Partners avoid paying property tax increases on their home following the death of one partner.
However, a number of senior LGBT couples who have faced decades of discrimination and even violence, have been reluctant to register for domestic partnerships, as their records then become readily available through the Secretary of State — making their sexual orientation a matter of public record.
By contrast, straight couples are offered the option of a confidential marriage, allowing their records to remain confidential. As a result, senior LGBT couples are at greater risk for unequal treatment under the law, said Kors.
“This bill will help protect LGBT seniors from facing further discrimination and injustice,” said Assemblymember Kevin de Leon (D).
“Because marriage is not currently an option for all committed, loving couples, we must pass this important law that helps bridge the gulf of discrimination.”
©365Gay.com 2009
This bill is surreal. California’s Supreme Court looks likely to return gays to second-class status, and the state is in full fiscal chaos–and somehow the Assembly is spending time on yet another “almost”? Well-intentioned, yes…but…
Larkin: “Leave it to the states” is the legally defensible position.
The Constitution makes marriage a state issue. The Federal government cannot pass a law that makes same-sex marriage legal. If it tried to do that, it would be ruled unconstitutional. All the federal government can do is pass a law that recognizes the same-sex marriages performed where it is legal to do so.
If DOMA were repealed, there would still be 45 states without same-sex marriage and 5 with. It’s just that the same-sex couples living and married in those 5 would now also have the federal benefits of a recognized marriage.
Same-sex couples in the other 45 states would be no better off than they were before, besides the small benefit of the peace of mind that the federal government isn’t encouraging discrimination.
how many fucking weeks do your polls go for…. very tedious seeing the same questions being asked week in and week out
I certainly hope that this gets overturned because I would like to end my boycott of California so that I can go to my sister’s str8 sister’s June wedding in Redding. I would also like to start buying things made or sold in California again.
yet another reason why the current spineless Federal mantra of “leave it to the states” is ludicrous — God forbid this couple have a retirement or 2nd home in “another” state — does the “registration” even register or count ??? It sure will for the hetro-couple no mater where, no mater what — Its the 14th ammendment which MUST be applied — “full faith and credit—” no more, no less !!!!!!!!!!!!!
“Their records then become readily available through the Secretary of State — making their sexual orientation a matter of public record. By contrast, straight couples are offered the option of a confidential marriage, allowing their records to remain confidential.”
This proves that California’s domestic partnerships are not equal to marriage. Californian LGBTs clearly are not equal until they have the right to marry.