What Is the Meaning of Domestic Partner?

With the exception of a few states, same-sex marriage is not legal in the United States. As an alternative to marriage, gay couples are granted civil unions or domestic partnerships in some states. A domestic partnership is a relationship status for a heterosexual or homosexual couple that is cohabitating. Certain legal rights are afforded to these couples, though not the full extent of rights granted to a married couple.

Legal Importance of Domestic Partnerships

One of the most important functions of the domestic partnership is for one member of a couple to be able to share the health care benefits offered by her workplace with her partner--a benefit of legally recognized marriage. In addition to health care, a domestic partner can be listed to receive retirement and pension benefits, life insurance coverage, housing rights and tuition reduction, parental leave, and sick or bereavement leave. States have separate laws for domestic partnerships (with some offering no benefits at all), but these can also include victim's compensation rights, protection from marital status discrimination, testimonial immunity and more. See the resource below on "Information on Workplace Benefits" below for a list of companies that offer domestic partnership benefits.

Rights Not Guaranteed in Domestic Partnerships

Though domestic partnership is an important step in the battle for legalizing gay marriage, couples in a domestic arrangement receive only a fraction of the 1,100+ benefits of a legal marriage. According to an MSN.com financial report, 51 percent of married couples generally receive a tax break--on average about $1,300. Other important rights afforded to married couples include lower insurance rates, automatic inheritance rights, lower rate or absence of estate tax, rights of visitation for a partner in a hospital or prison and many more.

Legal Documentation of Domestic Partnerships

The states that offer domestic partnerships have separate procedures and benefits, so it is important to research the specifics in your area. Some employers require an affidavit of domestic partnership to award a non-married couple with mutual benefits. This affidavit has many other legal purposes, including establishing inheritance rights. Your state's government website may have a printable version of the affidavit for you to fill out and file.

Arguments Against Legal Rights For Gay Couples

Many members of the Christian faith believe that the Bible specifically condemns homosexuality and that marriage is a sacred institution between a man and a woman. During the November 2008 election, some Christian groups claimed that the legalization of gay marriage would result in criminal punishment for religious officials who would not perform same-sex ceremonies. Another common argument is that changing the marriage law to allow for gay couples would result in the legalization of bestiality, marriages between adults and children, and/or marriages between people and inanimate objects.

Recent Developments Concerning Partnerships/Gay Marriage

Gay marriage has been a controversial issue in America for decades. An important development in this battle is the passage of Proposition 8 in California during the November 2008 elections. The proposition overturned a decision by the California Supreme Court that had effectively legalized gay marriage in the state after about 18,000 gay marriage ceremonies had taken place. As of 2009, only a handful of states recognized marriage for same-sex couples, and a few more recognize marriages performed in other states (but not those performed in their own states).

Problems with Domestic Partnership Benefits

When an employer provides medical benefits for the family of an employee, the IRS does not require the payment of taxes on the funds needed for coverage. This is not the case in domestic partnership agreements. Both the employer and employee can be taxed, resulting in the increase in an individual's tax payment by as much as 50 percent, according to the Human Rights Campaign. Photographer Annie Leibovitz suffered a public battle with the estate taxes she was forced to pay after her the death of her partner. Because the two were not legally married, Leibovitz was forced to pay about half the worth of the estate to taxes.

Resources

• Information on Workplace Benefits for Domestic Partners
• Information From the Human Rights Campaign