Domestic Partnerships in Washington, D.C.

LegalMatch Law Library Managing Editor, Ken LaMance, Attorney at Law

The individual jurisdictions in the U.S. have a great deal of discretion when it comes to family law. The federal government almost never intervenes in this area. Accordingly, the degree to which same-sex relationships are legally recognized varies widely between the individual states and territories of the U.S.

 

A small number of states recognize same-sex marriages. A larger number, but still a minority, recognize alternative legal unions for same-sex couples, which provide some or all of the rights associated with marriage, but go by a different name.

In December of 2009, the city council of Washington, D.C. passed, and the mayor signed, a bill that would grant same-sex couples the right to marry in the nation’s capitol. The law could go into effect as early as March of 2010. However, because Washington, D.C. is technically part of the federal government, Congress has the authority to prevent this law from ever taking effect. However, most observers agree that Congress is not likely to take any action on the matter.

 

Washington, D.C. currently recognizes domestic partnerships for same-sex couples. Currently, domestic partnerships in D.C. are almost identical, substantively, to marriage. The most important distinction appears to be the name.

 

Domestic partnerships in Washington, D.C. are not limited to same-sex couples; opposite couples who wish to avail themselves of the legal rights and responsibilities they provide may also enter into them, if they do not want to enter into a marriage.

 

As mentioned earlier, D.C. domestic partnerships provide the vast majority of the rights and responsibilities previously reserved to married couples. These include the right to make healthcare decisions for an incapacitated partner, the right to inherit the estate of a partner who dies without a will (in the same manner as a surviving spouse), the right to file joint D.C. income tax returns, the right to hold joint title to homes and cars, the right to transfer ownership of real property between partners without paying D.C. taxes, and have the right to visit each other in the hospital, among many others.

 

Furthermore, Washington, D.C. currently recognizes same-sex marriages that are performed in other jurisdictions. This includes the 5 states that currently allow same-sex marriage (Massachusetts, Vermont, Connecticut, Iowa, and New Hampshire), as well as the foreign countries that recognize such unions (including Canada, Spain, The Netherlands, and South Africa).

As other articles on this subject have mentioned, the federal government does not recognize same-sex marriage. This means that couples who enter a same-sex domestic partnership in Washington, D.C. will not be able to avail themselves of the many federal benefits that are dependent on marriage, such as filing joint federal tax returns, avoiding federal taxes on health benefits paid to the spouses of employees, social security pensions, and many others.

 

Furthermore, the District of Columbia is not a U.S. state – it is a special federal district, technically governed by the federal government. This means that Congress enjoys a police power there which is ordinarily exclusively reserved to state governments within their own borders. Congress has simply delegated much of its power to a city council. This means that Congress, if it so chose, could override any same-sex marriage law that the D.C. city council passed.

 

Finally, entering (or attempting to enter) any official union for same-sex couples is treated as an admission of homosexuality by the military, thereby triggering the “don’t ask, don’t tell” rule, and could result in a member of the armed forces being discharged. If you or your partner currently serve in the armed forces, this is an important consideration.

Because the situation regarding same-sex marriage and domestic partnerships is in a state of flux, and will likely remain that way for the foreseeable future, the exact nature and extent of the rights provided by various legal unions for same-sex couples can be confusing. With that in mind, it might be a good idea to contact an experienced D.C. attorney who specializes in family law, if you or your partner have any questions on this issue.

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