Straight/gay/domestic

The breakdown of which couples get what rights

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  Straight marriage Gay marriage Domestic partnership Recognized in all states? Yes Recognized in six other states No Legal in California? Yes No, except for the 18,000 marriages performed from 6/16/08 to 11/04/08 Same-sex couples and opposite-sex couples with one partner over age 62 Ability to make health-care decisions for each other? Unless written instructions name another person Unless written instructions name another person Unless written instructions name another person Family/spousal insurance, family leave, step-parent adoption rights, parental rights/responsibilities? Yes Yes Yes Spousal inheritance rights, property-tax provisions, pension benefits and surname changes? Yes Yes Yes Required to file state tax returns as a married couple? Yes Yes As of 2007 tax year Community property rights and alimony upon divorce or ending partnership? Yes Yes Yes Rights and responsibilities generally acknowledged and understood? Yes Yes No Required to live in same residence? No No Yes Must be 18 years of age or older? Under 18 with parental consent Under 18 with parental consent Yes Eligible for the CalPERS long-term care insurance plan? Yes Yes No Can legally use the term “married” to describe relationship? Yes Yes No Receive the 1,138 federal benefits given to married couples including Social Security benefits and filing federal taxes jointly? Yes No No

Sources: California Supreme Court decisions in the three marriage cases, California Family Code, California Franchise Tax Board, California Secretary of State, U.S. Governmental Accountability Office. Compiled by Natasha vonKaenel.