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Straight marriage
Gay marriage
Domestic partnership
Recognized in all states?
Yes
Recognized in six other states
No
Legal in California?
Yes
No, except for the 18,000 marriages performed from 6/16/08 to 11/04/08
Same-sex couples and opposite-sex couples with one partner over age 62
Ability to make health-care decisions for each other?
Unless written instructions name another person
Unless written instructions name another person
Unless written instructions name another person
Family/spousal insurance, family leave, step-parent adoption rights,
parental rights/responsibilities?
Yes
Yes
Yes
Spousal inheritance rights, property-tax provisions, pension benefits and surname changes?
Yes
Yes
Yes
Required to file state tax returns as a married couple?
Yes
Yes
As of 2007 tax year
Community property rights and alimony upon divorce or ending partnership?
Yes
Yes
Yes
Rights and responsibilities generally acknowledged and understood?
Yes
Yes
No
Required to live in same residence?
No
No
Yes
Must be 18 years of age or older?
Under 18 with parental consent
Under 18 with parental consent
Yes
Eligible for the CalPERS long-term care insurance plan?
Yes
Yes
No
Can legally use the term “married” to describe relationship?
Yes
Yes
No
Receive the 1,138 federal benefits given to married couples including Social Security benefits and filing federal taxes jointly?
Yes
No
No
Sources: California Supreme Court decisions in the three marriage cases, California Family Code, California Franchise Tax Board, California Secretary of State, U.S. Governmental Accountability Office. Compiled by Natasha vonKaenel.