Context of Same Sex Couples Taking One Name in California
Kevin and Don Norte are acknowledged as being one of the first openly gay couples in 2005 to test the applicability of AB 205 intended to match the rights of domestic partnerships to married couples.
The language provided in California Family Code § 297.5 (a), reads as follows:
Registered domestic partners shall have the same rights, duties, protections, and benefits, and shall be subject to the same responsibilities, obligations, and duties under law, whether derived from statutes, administrative regulations, court rules, government policies, common law, or any other provisions or sources of law, as are granted to and imposed upon spouses.
During the Legislative Session 2006-07, California AB 102 was drafted by San Francisco Assemblymember Fiona Ma after the Norte's legal name status was called into question after the CA DMV adopted a policy to intentionally block other domestic partners after the Nortes from applying the California Family Code in a similar manner. The Nortes' involvement was mentioned in the description of a George Takei interview on Larry King.
AB 102 expanded on the concept of allowing domestic partners to take the name of a spouse, to include married couples so the husband would have the right to assume the last name of the wife. AB 102 was inclusive and consistent with Fam. Code § 297.5 by addressing marriages of different or the same genders. Name changes processed for domestic partners after AB 205 and prior to AB 102 originally permitted individuals to proceed with subsequent name change actions, including social security and passport documents. AB 102 passed the Assembly with three republican votes-Sam Blakeslee, Roger Niello, and Anthony Adams. It passed the Senate on a straight party vote.
The reaction from opponents was swift after the Governor signed the bill. "AB 102 allows homosexual couples to hold themselves out as married by permitting them to choose the same surname upon registration of their 'domestic partnership'", per Randy Thomasson, president of Campaign for Children and Families. The bill granted unmarried couples married last names. "Schwarzenegger and the Democrat politicians have created the public image of homosexual "marriages" in California", said Thomasson, in response to the signing of AB 102. "It's hypocritical for Arnold Schwarzenegger to veto homosexual "'marriage'" licenses and at the very same time aggressively promote the public image of gay and lesbian "'marriages'" in every community for every child to see." Nonetheless, the Nortes' position on their name was finally resolved in the 2006-07 legislative session when AB 102 was signed into law by the Governor because the law is retroactive.
Read more about this topic: Kevin And Don Norte
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