California DPs Win Property Tax Case

Gays domestically-partnered in California are now protected from increased property taxes in the event of the death of one of the partners.

(San Francisco, CA, January 3, 2008) – Today, in a major victory for same-sex couples, the California Supreme Court denied a petition by county assessors seeking review of a California Court of Appeal decision affirming the validity of basic property tax protections for domestic partners. The Court’s decision means that the validity of these protections is now secure. No further appeals are possible.

On October 3, 2007, the California Court of Appeal unanimously affirmed the validity of a Board of Equalization rule that protects domestic partners from increased property taxes when one of the partners dies and the other inherits the couple’s home. California law has long provided
this protection for surviving heterosexual spouses.

Equality California Executive Director Geoff Kors: “”We are very pleased with the Court’s ruling today, reaffirming that asurviving domestic partner should not lose the family home because he orshe must pay taxes that a surviving married spouse does not. The fact that this lawsuit moved forward in the first place further illustrates the need to grant same-sex couples the ability to marry in California. Then we would not have to waste time and tax-payer money to defend these kinds of very sensible and vital protections.”