California Senate Bill 651 will allow non-resident same-sex couples who married in California (during the window in which they were allowed to do so in 2008) to divorce in the county where they married if their home jurisdiction will not allow them to divorce. It will be effective January 1, 2012. This is similar to Oregon’s Registered Domestic Partnership law, in which Oregon retains jurisdiction even if both partners move away from Oregon. This is important because many states will not take jurisdiction to dissolve marriages and Registrations between same-sex couples, leaving them with no option but to remain in the legal status they no longer desire. That has legal, as well as emotional, implications that opposite-sex married couples never have to face.

The California bill’s other provisions eliminate many of the remaining differences between marriage and registered domestic partnership such as:

• Elimination of the common residence requirement
• Allowance of people under 18 to register with parental consent or court order on the same terms as with marriages
• Provision of a process for registering a confidential domestic partnership on the same terms as with marriages)

For those interested in the actual legal language of the bill as it affects the GLBT community, here is the section with the divorce details:

S.B. 651, SEC. 4. (amending Family Code Section 2330) (effective Jan. 1, 2012) Section 2320.

(a) Except as provided in subdivision (b), a judgment of dissolution of marriage may not be entered unless one of the parties to the marriage has been a resident of this state for six months and of the county in which the proceeding is filed for three months next preceding the filing of the petition.

(b) (1) A judgment for dissolution, nullity, or legal separation of a marriage between persons of the same sex may be entered, even if neither spouse is a resident of, or maintains a domicile in, this state at the time the proceedings are filed, if the following apply:

• (A) The marriage was entered in California.
• (B) Neither party to the marriage resides in a jurisdiction that will dissolve the marriage. If the jurisdiction does not recognize the marriage, there shall be a rebuttable presumption that the jurisdiction will not dissolve the marriage.

(b) (2) For the purposes of this subdivision, the superior court in the county where the marriage was entered shall be the proper court for the proceeding. The dissolution, nullity, or legal separation shall be adjudicated in accordance with California law.

Resource Links:

• http://leginfo.ca.gov/pub/11-12/bill/sen/sb_0651-0700/sb_651_bill_20111009_chaptered.html
• http://www.aroundthecapitol.com/Bills/SB_651/20112012/

Find us on Facebook, where we post event information for the LGBT community and updates of our recent activities.

On September 20, 2011, the military policy Don’t Ask, Don’t Tell (DADT) became history as new policies began worldwide that allows soldiers and other servicemembers who identify as GLBT to be out at work. Signed by President Clinton 17 years go, DADT was intended to be a compromise to the prior black and white policy of no tolerance for GLBT. For those serving, and often being persecuted by fellow soldiers who would turn them in, DADT felt like a capitulation by a president known for compromising.  More servicemembers were discharged yearly under DADT than under the prior policy.

Now the question can be asked, what does this new state of the military mean to me?  Here is a brief synopsis of the freedoms the GLBT community now have:

• Anyone from the GLBT community is free to enlist, as long as they meet the long list of qualifications that range from physically fit to mentally sound.
• Active servicemembers in the U.S. Military can now be truthful about their orientation, at their own pace and if they want to. No prosecutions will take place going forward.
• Former serving personnel who are GLBT can reenlist as long as they still meet the enlisting qualifications and if they were discharged only under the DADT policy, and nothing else.

Currently in flux are two main issues: benefits for GLBT service members (and their partners and families) and the right to sue for wrongful military discharge in violation of the U.S. Constitution. The former issue is being affected by the Defense of Marriage Act (DOMA). DOMA clearly prevents the military branches from recognizing marriages between same-sex partners.  Registrations and Civil Unions are not recognized because they’re not marriage, which is the ticket to many benefits, such as on-post housing or housing allowances, military pension benefits and partner/spouse (and often children too) access to health care. The denial of these and other benefits is especially visible in the military when troops serve in close teams and see and hear very clearly what benefits their heterosexual colleagues are receiving.

The reason the latter issue is important is that the current repeal of the ban could be short-lived. There is nothing preventing a new president or Congress from reenacting DADT or even a complete ban. The only way to be certain about that is to get a ruling that DADT (and any ban) is unconstitutional. The Log Cabin Republicans had a case in the 9^th Circuit seeking such a ruling, but the issue was deemed “moot” due to the repeal. In other words, until banning gay people from serving in the military is ruled unconstitutional, uncertainty remains. For those who come out of the closet in the meantime, the risk is serious. Further, it is unclear whether servicemembers discharged under DADT will have their military records cleared.  It is fairly certain at this point that they will not be compensated for the losses they incurred as a result of being wrongfully discharged.

For more information on this issue or to keep up with the latest developments, follow any of the links below. Contact Beth Allen Law if you have further questions or concerns.

Resource Links:

• http://outserve.org/
• http://www.servicemembers.org/
• http://marketplace.publicradio.org/display/web/2011/09/30/mm-gay-servicemembers-demand-greater-equality/
• http://www.sldn.org/blog/archives/Making-Sense-Ninth-Circuit-Decision/

Find us on Facebook, where we post event information for the LGBT community and updates of our recent activities.