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Upholds Tax Protections for Domestic Partners

California
Upholds Tax Protections for Domestic Partners

The California supreme court declined to review an appeal challenging basic property tax protections for domestic partners.

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The California supreme court declined to review an appeal challenging basic property tax protections for domestic partners, according to a joint statement released Thursday by advocacy groups the National Center for Lesbian Rights, Lambda Legal, and Equality California. The decision is a major victory for same-sex couples because no further appeals are possible.

"We are grateful to the board and the legislature for protecting same-sex couples," Shannon Minter, legal director for NCLR, said in the release. "Today's ruling by the supreme court ensures that this protection is secure."

"The board of equalization has the authority to grant gay and lesbian couples the same protections in a time of grief as everyone else," Brian Chase, Lambda Legal senior staff attorney, said in the statement. "No one should lose their home after the death of a partner."

In March 2005, Sutter and Orange counties challenged the protection in state court while three same-sex couples along with NCLR, Lambda Legal, Equality California, and the law firm of Munger, Tolles, and Olson defended it.

Ultimately, Orange County dropped out while assessors from Tehama and Madera counties joined, but in 2006, Sacramento County superior court judge Jack Sapunor rejected the challenge.

The counties appealed again in October 2007 in Strong v. Board of Equalization, but the third district of the California court of appeals upheld Sapunor's ruling.

Thursday, the California supreme court denied the assessors petition to review the case, securing the tax protection for same-sex couples.

"We are very pleased with the court's ruling today," Geoff Kors, executive director of Equality California, said in the release. "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 taxpayer money to defend these kinds of very sensible and vital protections." (The Advocate)

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