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A New Bridge to Cross- Know Your NEW Rights – New California Law SB 54

by Melanie Nathan, San Francisco;     YOU MAY BE DENIED WHEN YOU REALLY ARE ENTITLED. A MUST READ ARTICLE FOR EVERY LGBT CALIFORNIAN.

       While Proposition 8 is challenged in the current court action, Perry v Schwarzenegger and every LGBT relationship suffers its trial, a new California law became effective on January 1, 2010.  To some extent the Prop 8 case has distracted us and we have ‘awareness’ work to do with the new SB 54 Law. We have reported previously on this law,  however now that it is in effect there are practical hurdles to overcome and we will alert to some important information that will educate and empower.

“SB 54 tracks the decision of the California Supreme Court in Strauss v. Horton, which held that Proposition 8 “carves out a narrow and limited exception to [the] state constitutional rights [of same-sex couples], reserving the official designation of the term ‘marriage’ for the union of opposite-sex couples as a matter of state constitutional law.” 

However Proposition 8 did not invalidate any pre-existing marriages.  Proposition 8 also did not change the court’s previous ruling in the Marriage Cases that the California Constitution prohibits government discrimination based on sexual orientation and requires the state to treat same-sex couples equally under the law. The measure’s only effect was to prevent the state from licensing any new in-state marriages or using the name “marriage” to recognize any out-of-state marriages of same-sex couples entered after Proposition 8 passed.  SB 54 was carefully written to carry out the constitutional mandate that the state provide equal treatment for same-sex couples to the fullest extent allowed within the bounds set by Proposition 8.” http://www.nclrights.org/site/DocServer/SB_54_FAQ.pdf?docID=6641  

There may be new rights in California that impact you, directly.   You may not know it.  It could cover many areas of your legal life, so to speak.

What does this mean for the prop 8 trial; nothing really. The trial is critical and we must win back our fundamental right to marry in California. Prop 8 must be exposed for what it is, and albeit unbearable to listen to or read about, it is clear that the Prop 8 bigots cannot escape the exposure of their injudiciousness and their sinister campaign.  

The new law in effect recognizes marriages (Domestic Partnerships, Civil Unions) from other Jurisdictions outside of California for the purposes of California Law.  The best explanation of the new law, which is to some extent confusing, is found in a PDF online FAQ sheet by NCLR (National Center for Lesbian Rights*) and EQCA who were  involved in the authorship and legislation process itself.

“SB 54, a bill authored by Senator Mark Leno and signed into law by Governor Schwarzenegger on October 11, 2009, clarifies the rights of same-sex couples who marry outside of California. SB 54 has two parts:

1 First, it clarifies that couples who married outside of California before November 5, 2008, are entitled to full recognition as married couples in this state.

2. Second, it ensures that couples who get married outside of California on or after November 5, 2008, will receive all of the rights, benefits, and responsibilities of marriage except for the name “marriage.””

This valuable link provides answers to some common questions about the rights of same-sex couples who marry outside the state:

http://www.nclrights.org/site/DocServer/SB_54_FAQ.pdf?docID=6641

This new law has far reaching effect and it is critical that one understand how it can impact one’s particular circumstances.

From what I am seeing on the field and in the California real life trenches, it seems that many employers and officials have failed to reflect the changes in their respective policies, including informing staff in the hierarchy of changes.  Employers must provide their employees with the tools and education to treat people equally. An employee in a same sex marriage should be treated 100% in the same way as an employee in a different gender marriage.  They should not receive raised eyebrows if they merely ask for a form, or assistance in making inquiries into their benefits.   

In fact at this early time of SB 54’s inception, people seeking to obtain benefits there under may well find themselves either rejected or being misled.  These cases are actually already starting to  present themselves.

The ideal situation for an employer would be to check with an attorney before denying an employer, or for a landlord to check with a Fair Housing Group before denying a tenant.

I am alerting and encouraging our community not to take ‘no’ for an answer when discouraged by employers, pension plan administrators, banks, colleges landlords, hospitals or any authority who may either have no understanding of the new law or who may be purposely leading you away from your rights. This is already happening.  My suggestion is to consult an attorney or  a local agency with expertise in the issue at hand.  

If you are refused a form or turned away from any benefit or right to which you believe you may be entitled, please contact someone on the list. I recommend contacting NCLR and LAMBDA legal and they will explain the law to you, help you understand your rights and either assist you directly or refer you to the appropriate agency that can help.

Why is it important to contact NCLR or LAMBDA Legal?

1. You are entitled to your rights – and you must ask for them. No one is going to come up to you and tell you about a new law; it will not be handed to you. The law is there for you – if you qualify under the law, you may find that your marriage (or civil unionor DP)  is recognized in California and that your spouse is entitled to be on your medical insurance, pension plan,  lease, etc. in circumstances where you may not otherwise have thought possible.  Imagine yourself as a heterosexual spouse/partner and act in relationsh to your rights accordingly.  Basic but true – even a straight person has to ask for his/her benefits.

2. If all those who experience resistance or denials from benefit providers or administrators report their experience, it will help the LGBT groups identify patterns and systemic problems and this will provide the valuable information needed to target and help educate business, pension plans and small or large business employers and those who fail to amend /update their policy and procedures - to be fully inclusive.

3. It is important not be intimidated by authority – not to be misled into thinking that they have figured out SB 54. Do not presume anyone to be organized to handle the sudden influx of same-sex partners requesting implementation of their rights.  If you work for the County, the State, the City or  a Town – the likelihood is that they are not yet prepared for the changes and that they may not even know what these are.

Always insist on receiving the forms that you believe you are entitled to fill in.  If you receive any resistance, be sure to ask for what you need in writing,  keep all e-mails and related correspondence and call a resource.

It is imperative not to accept the word of a desk employee who is not trained, nor well versed with the law.  It is your responsibility to look elsewhere for your answers.  You may also find that some are simply prejudiced and cannot fathom your entitlement. 

SO here is an example.  Imagine if the guy who wrote this piece below, a blog post ( which I am quoting in red  below) also happens to be the person who will decide if your spouse can get onto your lease agreement or if this were the person who sat at the pension desk:

“This is the BLOG of one Randy Thomasson of - 

“What’s going on with the new attack on man-woman marriage? We all remember Prop. 8, which created Article 1, Section 7.5 in the California Constitution, reading, “Only marriage between a man and a woman is valid or recognized in California.” And we all know that the written Constitution is the highest law of the land, higher than the California Supreme Court, higher than the Governor, and higher than the State Legislature.The problem is, since the California Supreme Court already undermined Prop. 8 by validating some 18,000 homosexual “marriages,” the Democrat-controlled California Legislature is now trying to neutralize Prop. 8 even further. SB 54, authored by homosexual activist and Democrat state senator Mark Leno, would violate the clear reading of the Constitution by recognizing pre-Prop. 8 homosexual “marriages” from other states and nations — Massachusetts, Belgium, Canada, Netherlands, Norway, South Africa, Spain and Sweden — as fully-valid “marriages” in California.”

Thomasson continues in his anti-gay rhetoric and concludes

 “You and your friends must resist this corrupt violation of the California Constitution!”

So there are people out there who believe this and who may heed the call to “resist.”  If that is the type you have to face when seeking assistance for your rights, you had best know your rights or where to go if you do not.  Bottom line: accept no “no’s.”  Get help.

No one has the legal right to resist what is law and personal judgments are simply inacceptable. We all have our part to do in educating our community.     

For attorneys advising clients who have related disputes, my suggestion is that you too contact NCLR or LAMBDA Legal for clarity.  This will also help isolate the problems and forge education campaigns leading to amendments to policy in the individual, public and private sectors.  You may well find that given the choice the LGBT client may choose education and policy change over legal action or as a concomitant of settlement; and therein lies the value to the community as a whole.  

By way of introduction: *  From the Website of  the National Center for Lesbian Rights: “The audacity to fight for justice. The perseverance to win.”

“In 1977, two brave and determined women—fresh out of law school and eager to make a difference—decided to put their knowledge to good use. As legal scholars, Donna Hitchens and Roberta Achtenberg saw the courtroom as a way to change the world. As lesbians, they had experienced frustrations and fears—both personal and professional—and didn’t want others to suffer the same. And as future parents, they knew they would face even more challenges ahead.”

The National Center for Lesbian Rights is a national legal organization committed to advancing the civil and human rights of lesbian, gay, bisexual, and transgender people and their families through litigation, public policy advocacy, and public education.

NCLR is a non-profit, public interest law firm which litigates precedent-setting cases at the trial and appellate court levels; advocates for equitable public policies affecting the LGBT community; provides free legal assistance to LGBT people and their legal advocates; and conducts community education on LGBT legal issues.

They serve more than 5,000 lesbian, gay, bisexual, and transgender people and their families in all fifty states each year, including LGBT seniors, immigrants, athletes, and youth. And our impact litigation serves all LGBT people in the United States.

 Further Resources: Post will be updated to include a list of fair housing groups, legal aid groups and more. Questions / regarding re-publishing – please contact Melanie at Nathan@privatecourts.com

Written by:- Melanie Nathan, a mom, a daughter, a sister, a friend, a niece, a cousin, an human rights advocate, a mediator, a writer/ an equality activist – Nathan@privatecourts.com www.oblogdeeoblogda.wordpress.com  – Twitter: @oblogdeeoblogda  / www.privatecourts.com / www.divorcemediators.com