Domestic partnership in Maine

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Domestic partnerships were established in the state of Maine by statute in April 2004, [1] taking effect on July 30, 2004. This placed Maine in the category of U.S. states that offered limited recognition of same-sex relationships, but not all of the legal protections of marriage, as Maine does not recognize common law marriages.

Contents

According to the Maine Department of Health and Human Services, "It is important to remember that a registered domestic partnership is NOT the same as a marriage and does not entitle partners to rights other than those for which the registry was intended. This registry is intended to allow individuals to have rights of inheritance as well as the rights to make decisions regarding disposal of their deceased partners remains." [2]

Rights of domestic partners

According to the Maine Department of Health and Human Services, [3]

P.L. 2003, c. 672, enacted by the Legislature and signed into law on April 28, 2004, establishes the concept of domestic partners in Maine law. Under the law, registered domestic partners are accorded a legal status similar to that of a married person with respect to matters of probate, guardianships, conservatorships, inheritance, protection from abuse, and related matters. The legislation establishes a Domestic Partner Registry housed within the Office of Health Data and Program Management, Bureau of Health of the Department of Health and Human Services.

Furthermore, according to the Human Rights Campaign, registered domestic partners in Maine "can inherit a deceased partner’s property if he or she dies without a will, make funeral and burial arrangements, be named a guardian or conservator if their partner becomes incapacitated, be named a representative to administer a deceased partner’s estate and make organ and tissue donations. Same-sex partners are also explicitly protected in the state’s domestic violence laws." [4]

Registration

To register as domestic partners in Maine, both parties must be mentally competent adults, must have been legally domiciled together in Maine for the preceding 12 months, must not be within prohibited degrees of consanguinity, and must not be married to, or in a domestic partnership with someone else. Opposite-sex couples who meet these requirements may also register as domestic partners; as of 2006, at least 24% of partnerships in the registry (17 of 70) were believed to be between opposite-sex partners. [5]

Couples can register by sending a signed and notarized form to the Office of Vital Statistics in Augusta. Domestic partnerships in Maine are automatically terminated if one party marries someone else. They can also be terminated after 60 days by filing a declaration of mutual consent, signed by both parties; or by one party, after serving notice on the other party according to strict state guidelines. [6]

Demographics

In 2000, the federal census [7] counted 37,881 unmarried-couple households in Maine; of these, 8.95%, or 3,394, were same-sex couples (44% male, 56% female). In contrast, the same census showed 272,152 married couples in the state. [8] Total state population was 1,274,923.

In a June, 2008, report the Williams Institute of the UCLA School of Law analyzed census data and concluded, "While in many respects Maine’s same-sex couples look like married couples, same-sex couples with children have fewer economic resources to provide for their families than married parents and lower rates of homeownership." [9]

The report noted, among other things, that:

See also

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A domestic partnership is a legal relationship, usually between couples, who live together and share a common domestic life, but are not married. People in domestic partnerships receive benefits that guarantee right of survivorship, hospital visitation, and other rights.

Same-sex adoption is the adoption of children by same-sex couples. It may take the form of a joint adoption by the couple, or of the adoption by one partner of the other's biological child.

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A California domestic partnership is a legal relationship, analogous to marriage, created in 1999 to extend the rights and benefits of marriage to same-sex couples. It was extended to all opposite-sex couples as of January 1, 2016 and by January 1, 2020 to include new votes that updated SB-30 with more benefits and rights to California couples choosing domestic partnership before their wedding. California Governor Newsom signed into law on July 30, 2019.

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In the United States, domestic partnership is a city-, county-, state-, or employer-recognized status that may be available to same-sex couples and, sometimes, opposite-sex couples. Although similar to marriage, a domestic partnership does not confer any of the myriad rights and responsibilities of marriage afforded to married couples by the federal government. Domestic partnerships in the United States are determined by each state or local jurisdiction, so there is no nationwide consistency on the rights, responsibilities, and benefits accorded domestic partners.

Tasmania's Relationships Act 2003 provided for registration and recognition of a type of registered partnership in two distinct categories: Significant Relationships and Caring Relationships. The same Act also amended 73 pieces of legislation to provide registered partners with nearly all of the rights offered to married couples within the state. Furthermore, since July 2009, these relationships are recognised at federal level, providing couples with almost all of the federal rights and benefits of marriage. The legislation came into effect on 1 January 2004. In September 2010, the Parliament of Tasmania approved legislation to recognize same-sex unions performed outside Tasmania as significant relationships.

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References

  1. ↑ Me. Rev. Stat. Ann. tit. 22, sec. 2710
  2. ↑ Maine Dep't of Health and Human Services, Instructions and Information for the Domestic Partner Registry in Maine, at p.2. [ permanent dead link ]
  3. ↑ "Domestic Partner Registry". Maine.gov. Archived from the original on May 18, 2010. Retrieved September 9, 2021.
  4. ↑ "Maine Marriage/Relationship Recognition Law". Human Rights Campaign. Archived from the original on 4 November 2013. Retrieved September 9, 2021.
  5. ↑ Morgan, Kelly (2006-07-30). "Domestic partnerships can be straight, too". Sun Journal . Lewiston, Maine . Retrieved 2008-04-18.[ dead link ]
  6. ↑ Maine Dep't of Health and Human Services, Instructions and Information for the Domestic Partner Registry in Maine, at p.2. [ permanent dead link ]
  7. ↑ "Married-Couple and Unmarried-Partner Households: 2000" (PDF). United States Census 2000. February 2003. Retrieved September 9, 2021.
  8. ↑ "2000 Census information on Gay and Lesbian Couples, by state". Archived from the original on 2006-12-19.
  9. ↑ "Recent Studies". The Williams Institute UCLA School of Law. Archived from the original (PDF) on September 16, 2008. Retrieved September 9, 2021.
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