Model Domestic Partnerships

Below are model laws and policies that you can use to get your government or company to adopt a domestic partnerships plan. For a detailed account on how to lobby, pressure, and win passage of domestic partnership plans, read Try This At Home! -- an ACLU guidebook on lesbian and gay civil rights.

MODEL A:
DOMESTIC PARTNERSHIP LAWS FOR GOVERNMENTS

Generally for use by governments (cities, states, counties, etc.)

1. Purpose

The purpose of this ordinance is to create a way to recognize intimate committed relationships, including those of lesbians and gay men who otherwise are denied the right to identify the partners with whom they share their lives.

2. Definitions

(a) Domestic Partners. Domestic Partners are two adults who have chosen to share one another's lives in an intimate and committed relationship of mutual caring. The requirements to be domestic partners are:

1. the two must live together;
2. the two must agree to be jointly responsible for each other's basic living expenses during the Domestic Partnership;
3. neither person may be married or a member of another domestic partnership;
4. the two must not be related in a way which would prevent them from being married to each other;
5. both must be over 18;
6. the two must sign a Declaration of Domestic Partnership and establish the partnership under section 3.

(b) "Live Together." "Live together" means that two people share the same place to live. It is not necessary that the legal right to possess the place be in both of their names. Two people may live together even if one or both have additional places to live. Domestic Partners do not cease to live together if one leaves the shared place but intends to return.

(c) "Joint Responsibility for Basic Living Expenses." "Basic living expenses" means basic food and shelter. It also means the cost of medical care if a partner is receiving health care benefits because of the domestic partnership. "Joint Responsibility" means that each partner agrees to provide for the other partner's basic living expenses if the partner is unable to provide for herself or himself. Anyone to whom these expenses are owed can enforce this responsibility.

(d) "Declaration of Domestic Partnership." A "Declaration of Domestic Partnership" is a form provided by the city clerk. By signing it, two people swear under penalty of perjury that they meet the requirements of the definition of domestic partnership when they sign the statement. The form will require each partner to provide a mailing address.

3. Establishing A Domestic Partnership

(e) Methods. Two persons may establish a Domestic Partnership by either:

1. presenting a signed Declaration of Domestic Partnership to the City Clerk, who will file it and give the partners a certificate showing that the Declaration was filed; or
2. having a Declaration of Domestic Partnership notarized and giving a copy to the person who witnessed the signing (who may or may not be the notary).

(f) Time Limitation. A person can not become a member of a Domestic Partnership until at least six months after any other Domestic Partnership of which he or she was a member ended and a notice that the partnership ended was given. This does not apply if the earlier domestic partnership ended because one of the members died.

4. Ending Domestic Partnerships

(g) When the Partnership Ends. A Domestic Partnership ends when:

1. one partner sends the other a written notice that he or she has ended the partnership; or
2. one of the partners dies; or
3. one of the partners marries or the partners no longer live together.

(h) Notice the Partnership has ended.

(1) To Domestic Partners. When a Domestic Partnership ends for a reason other than the death of one of the partners, at least one of the partners must sign a notice saying that the partnership has ended. The notice must be dated and signed under penalty of perjury. If the Declaration of Domestic Partnership was filed with the city clerk, the notice must be filed with the clerk; otherwise, the notice must be notarized. The partner who signs the notice must send a copy to the other partner.

(2) To Third Parties. When a Domestic Partnership ends, a Domestic Partner who has given a copy of a Declaration of Domestic Partnership to any third party in order to qualify for any financially valuable benefit (or, if that partner has died, the surviving member of the partnership) must give the third party a notice signed under penalty of perjury saying that the partnership has ended. The notice must be sent within 60 days of the end of the partnership. A third party who suffers loss as a result of failure to send this notice may sue the partner who was obliged to send it for actual loss.

(3) Failure to Give Notice. Failure to give either of the notices required by this subsection will neither prevent nor delay ending the Domestic Partnership.

5. City Clerk's Records

(i) Amendments to Declarations. A Partner may amend a Declaration of Domestic Partnership filed with the City Clerk at any time to show a change in his or her mailing address.

(j) New Declarations of Domestic Partnership. No person who has filed a declaration of Domestic Partnership with the city clerk may file another declaration of Domestic Partnership until six months after a notice the partnership has ended has been filed. However, if the Domestic Partnership ended because one of the partners died, a new Declaration may be filed anytime after the notice the partnership ended is filed.

(k) Maintenance of City Clerk's Records. The City Clerk will keep a record of all Declarations of Domestic Partnership, Amendments to Declarations of Domestic Partnership and all notices that a partnership has ended. The records will be maintained so that Amendments and notices a partnership has ended are filed with the Declarations of Domestic Partnership to which they apply.

(l) Filing Fees. The City Council will set the filing fee for Declarations of Domestic Partnership and Amendments. No fee will be charged for notices that a partnership has ended. The fees charged must cover the city's cost of administering this ordinance.

6. Legal Effect Of Declaration Of Domestic Partnership

(m) Obligations. The obligations of domestic partners to each other are those described in the definition.

(n) Duration of Rights and Duties. If a domestic partnership ends, the partners incur no further obligations to each other.

MODEL B:
DOMESTIC PARTNERSHIP POLICY FOR BUSINESSES

For use by businesses, universities, and other institutions when a benefits or recognition system needs a detailed definition of domestic partnership.

1. Domestic Partners.

Domestic Partners are two adults who have chosen to share one another's lives in an intimate and committed relationship of mutual caring. The requirements to be domestic partners are:

1. the two must live together;
2. the two must agree to be jointly responsible for each other's basic living expenses during the Domestic Partnership;
3. neither person may be married or a member of another domestic partnership;
4. the two must not be related in a way which would prevent them from being married to each other;
5. both must be over 18;
6. neither person had a different domestic partners in the previous six months (this requirement does not apply if the partner died)
7. the two must sign a Declaration of Domestic Partnership.

2. Definitions.

"Live Together." "Live together" means that two people share the same place to live It is not necessary that the legal right to possess the place be in both of their names. Two people may live together even if one or both have additional living places. Domestic Partners do not cease to live together if one leaves the shared place but intends to return.

"Joint Responsibility for Basic Living Expenses." "Basic living expenses" means basic food and shelter. It also means the cost of medical care if a partner is receiving health care benefits because of the domestic partnership. "Joint Responsibility" means that each partner agrees to provide for the other partner's basic living expenses if the partner is unable to provide for herself or himself. Anyone to whom these expenses are owed can enforce this responsibility.

"Declaration of Domestic Partnership." A "Declaration of Domestic Partnership" is a statement signed under penalty of perjury. By signing it, the two people swear that they meet the requirements of the definition of domestic partnership when they sign the statement. Each must provide a mailing address.

3. Ending Domestic Partnerships.

A Domestic Partnership ends when:

1. one partner sends the other a written notice that he or she has ended the partnership; or
2. one of the partners dies; or
3. one of the partners marries or the partners no longer live together.

4. Notice the Partnership has ended.

When a Domestic Partnership ends the partner/employee (or if that partner has died, the surviving partner) must sign a notice saying that the partnership has ended and give it to the employer. The notice must be dated and signed under penalty of perjury. The notice must be sent within 60 days of the end of the partnership. If the employer or any benefits provider suffers loss as a result of failure to send this notice, it may sue the partner who was obliged to send it for actual loss. The partner who signs the notice must send a copy to the other partner. Failure to give the notice will neither prevent nor delay ending the Domestic Partnership.

5. Effect of Domestic Partnership.

The obligations of domestic partners to each other are those described in the definition. If a domestic partnership ends, the partners incur no further obligations to each other.