Tag Archives: california

The Equal Protection for All Families Act is one step closer to becoming the law!


This Tuesday, the Senate Judiciary Committee voted to pass the Equal Protection for All Families Act (Assembly Bill 960). This important bill – authored by Assemblymember David Chiu and co-sponsored by Our Family Coalition, the National Center for Lesbian Rights, and Equality California – is expected to be voted on by the full Senate in two weeks and will continue to move towards the governor for signature. And we need YOU to make sure the Equal Protection for All Families Act becomes the law of the land.


At present, California’s laws regarding assisted reproduction are outdated and fail to recognize the diverse ways that families are formed and to provide legal protection and security for parents and children alike. Unmarried parents who use assisted reproduction to conceive children in the privacy of their home are not recognized as the legal parents of their children. The new bill would update the current assisted reproduction laws in the state to ensure parents and their children are not at risk and do not have to jump through unnecessary legal hoops in order to secure what should be a basic right.


  • Allow unmarried people using assisted reproduction to be fully recognized as parents on the same terms as married parents.

  • Remove the requirement that couples must involve a doctor when using assisted reproduction in order to ensure that the donor is not a parent.

  • Provide clear direction for how egg and known sperm donors should be treated under California law; protecting both parents and donors from very real concerns.

“This bill is about granting recognition and economic access to all prospective parents, ” says Renata Moreira, Our Family Coalition’s Acting Executive Director.” AB 960 is going to particularly benefit lower income LGBT parents who will be able to use more affordable methods of assisted reproduction, and still be protected under California law.” By failing to provide legal protections for these families, the state is failing both parents and children. All families deserve equitable protection and recognition under the eyes of the law.

As we continue to advocate for the passage of AB960, we call on you – LGBTQ parents who may have been affected by the current discriminatory legislation and may be ready to speak out. Personal stories and testimony have a powerful impact on lawmakers and can play a key part for the decision to pass the Equal Protection for All Families Act. Specifically, Our Family Coalition is looking to connect with:

  • Parents of any relationship recognition status who used home insemination, then had to terminate the donor’s rights and do a second parent adoption in order to be protected.

  • Unmarried or unregistered domestic partnered couples using assisted reproductive technology to conceive who had to adopt to protect their parental rights.

  • Potential donors who were afraid to support a friend or relative’s family formation due to the informality of the arrangement and the prohibitive costs of intervention by doctors or lawyers.

Do you recognize yourself or anyone you know in any of these descriptions?

Are you willing to share your story to help lawmakers make the right decision for families in California?

Please contact policy@ourfamily.org if you want to support for the Equal Protection for All Families Act and help shape the future of our families.


What Domestic Partners Need to Know About Applying for Health Insurance Under Obamacare

Post by Shae Irving, legal editor and writer

Healthcare-Reform-Act-queeredWhen registered domestic partners or civil union partners apply for coverage in the new health insurance marketplace, there’s one question that almost always arises: Do we apply based on our separate incomes, or must we include all the income we make as a couple?

The answer depends on the state where you live.

States other than California, Nevada, or Washington. In almost all states, registered domestic partners or civil union partners who apply for insurance via the state’s health insurance exchange must do so separately. Each partner includes only his or her separate income, and this amount determines health plan costs and eligibility for cost-saving subsidies. It works this way because domestic partners are not considered married for federal tax purposes.

Gay marriage bandsCalifornia, Nevada, or Washington. The exception to the above rule is for the few states that extend community property laws to registered domestic partners — California, Nevada, and Washington. In these states, domestic partners must usually apply using half of the partners’ combined incomes. (We confirmed this with the legal department at Covered California after repeatedly receiving conflicting information from representatives staffing the exchange’s customer service phone line.) This is because IRS rules require that domestic partners registered in these community property states report half of their combined community income on their federal taxes each year.

Sometimes, this reporting requirement will have the unfortunate effect of rendering a lower-earning partner ineligible for health insurance subsidies.

Example: Caroline and Susan are registered domestic partners in California. Caroline makes $80,000 per year and Susan earns $30,000 per year. When they apply for health insurance at Covered California, they will complete separate applications but must each include $55,000 of community income (half of their combined community income of $110,000). Neither partner will qualify for premium-lowering subsidies, which are generally available for individuals earning less than about $46,000 per year. If Caroline and Susan were able to apply separately, Susan would have qualified for premium assistance in the form of tax credits.


The only case in which domestic partners registered in community property states would not apply based on combined income is that in which the partners signed a valid pre-registration agreement (like a “prenup”) before registering, in which they opted out of the community property system by agreeing to keep all property separate.

The Bottom Line

In short, how you apply for Obamacare depends on how you file your federal taxes. If you include community income when you report your earnings to the IRS, you must include it when seeking health care coverage as well. If you report only separate income to the IRS, you will include only separate income on your health insurance application.

For More Information

To learn whether you are required to purchase health insurance under Obamacare, see Do I Have to Get Obamacare in California?

To find out how Obamacare’s cost-saving subsidies work, see Ways to Save Money on Obamacare.

If you’re ready to apply, see How Do I Sign Up for Obamacare in California?

Also be sure to check out Our Family Coalition’s Understanding the Affordable Care Act in both Oakland and San Francisco!

: Click Here!
When: Wednesday, January 29, 6-8pm
Where: BANANAS, 5232 Claremont Ave, Oakland

San Francisco
: Click Here!
When: Thursday, February 6, 6-8pm
Where: SF LGBT Community Center, 1800 Market St.