The Truth About Fiona Ma’s AB 102 - The Names Bill
The California domestic partner law made significant changes in how California recognizes same gender relationships. One general provision of AB 205, now California Family Code § 297.5 (a) provides as follows:
“Registered domestic partners shall have the same rights, duties, protections, and benefits, and shall be subject to the same responities, obligations, and duties under law, whether derived from stattues, administrative requlations, court rules, government policies, common law, or any other provisions or sources of law, as are granted to and imposed upon spouses.”
(For an example of how Fam. Code § 297.5 has been used to grant Conjugal Visits for GLBT Prisioners, click HERE.)
According to Geoff Kors, an advocate of the law, no other US state had a similar domestic partnership law at the time. Kors is executive director of Equality California (”EQCA”).
AB 102 is now pending before the legislaure and would permit domestic partners to take each others names like spouses do. However, a clear reading of Fam. Code § 297.5 indicates that the right already exists.
EQCA is even aware of the same gender couples who changed ther names under AB 205 but in reading the EQCA website, we have been forgotten.
The truth is that we exist. Our story is just as important because after some couples changed their names, the DMV arbitrarily denied others the right. That is pure discrimination.
An example of the legal effects is as follows: myself, Kevin Norte and my partner, Don Korotsky of Hollywood, California entered into a Domestic Partnership and Don Korotsky changed his name to Don Norte. We were one of the few same gender couples in California to utilize the domestic partnership legislation to effectuate such a change. Don Norte had his driver’s license re-issued by the California Department of Motor Vehicles (”DMV”) under his new name. More momumental however was the fact that the federal government recognized the name change in changing Don Norte’s name on his re-issued Social Security Card. Furthermore, Don Norte used the mail-in renewal process to renew his United States State Department passport and included his Domestic partnerhsip registration as proof of the name change. In California this process was only previously available for persons who had his or her name changed by court order or marriage license. The State Department, however, recognized the Domestic Partnership registration as sufficient legal proof of the name change as issued the renewed passport using the procedure previously only available for married couples.
After we and a couple other couples changed our names, the DMV stopped permitting name changes. EQCA’s information on the bill and the history of the “Names” issue is inaccurate. In reading it, it tells a story that name changes were not permitted under AB 205, yet the forgotten truth is that name changes were permitted until the DMV arbitrarily stopped doing them. Yes, AB 102 is needed in order to stop the arbitrary actions of the DMV but the truth is that name changes have happened. It is very unfortunate that as the history of our movement is written, the same gender couples who broke new ground and did change their names have been forgotten by history and in fact, do not exist in the historical context of the GLBT movement in California.
The facts are that same gender couples who changed their names do exist without the passage of AB 102 but AB 102 is necessary to prohibit any arbitrary actions in the future and permit other to change their names if they wish.
But regardless of this issue, I believe that EQCA is doing a great job and we support them in the efforts. My partner and myself with be at the EQCA Splash Pool Party on July 14, 2007 and EQCA’s formal dinner in Los Angeles on August 11, 2007.