Lost in the turmoil over the constitutionality of same sex marriage are
the state statutes that already provide benefits to same sex partners,
whether or not their unions are sanctioned as marriages. Vermont,
Hawaii, New Jersey and California have conferred rights on domestic
partners. Eleven other states have conferred limited rights by banning
sexual orientation discrimination. Others may follow. This article
focuses on the California statute to illustrate the types of issues
that employers will face in jurisdictions that recognize domestic
partner rights.
