Empire State Pride Agenda

Winning Equality and Justice for
Lesbian, Gay, Bisexual and Transgender
New Yorkers and Our Families

     
States And Territories With Same-Sex

CALIFORNIA – Domestic Partnership

  • Limited to same-sex couples and opposite-sex couples over the age of 62 who must share a common residence
  • Started with 16 substantial rights like adoption, hospital visitation, medical decision making, inheritance, ability to sue for wrongful death and infliction of emotional distress, health benefits for public employees (state and local) and the right to file jointly for state tax
  • In 2005, expanded to include all the same benefits, protections and responsibilities under state law that are given to spouses

CONNECTICUT – Civil Unions

  • Limited to same-sex couples
  • All the same benefits, protections and responsibilities under state law that are given to spouses

HAWAII – Reciprocal Beneficiary

  • Created along with a state Constitutional amendment saying that the legislature had the power to reserve marriage for only opposite-sex couples
  • Gives 8 substantial rights like hospital visitation, medical decision making, inheritance, ability to sue for wrongful death and protection under domestic violence laws

DISTRICT OF COLUMBIA – Domestic Partnership

  • Limited to couples who share a residence
  • Gives hospital and nursing home visitation rights only

MAINE – Domestic Partnership

  • Limited to couples who have been legally domiciled together in Maine for at least 12 months preceding the filing
  • Gives right to inheritance, control of partner remains and be named guardian or conservator if partner becomes incapacitated

MASSACHUSETTS – Marriage

  • One party to the marriage must be a state resident, unless marriage is permitted in the couple’s home state

NEW JERSEY – Domestic Partnership*

  • Limited to same-sex couples, and opposite-sex couples over the age of 62 who must share a common residence either in New Jersey or outside of New Jersey if at least one member of the couple is a member of a State-administered retirement system
  • 7 substantial rights, including hospital visitation, medical decision making, equal treatment with spouses for inheritance tax, health and pension benefits for public employees (state and local), an additional exemption under state income tax and the requirement that insurance companies make domestic partner policies available

* = Under a decision by the New Jersey Supreme Court on October 25, 2006 (Lewis v. Harris), the state is required within 180 days of the decision to open marriage to same-sex couples or develop an equal alternative system to give same-sex couples the same rights and responsibilities of marriage
 
VERMONT – Civil Unions

  • Limited to same-sex couples
  • All the same benefits, protections and responsibilities under state law that are given to spouses
   

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