Holguin

Under California law unmarried cohabiting couples who qualify as “domestic partners” are afforded rights and benefits not afforded to other unmarried couples including the right of the surviving partner to sue for the wrongful death of the other partner. An adult couple living together may qualify as a “domestic partnership” if they are of the same sex or one of them is at least 62 years of age and eligible for benefits under the Social Security Act based on age. Plaintiff, the surviving member of a cohabiting unmarried couple of opposite sex, neither of whom was over age 62, sued for wrongful death of his female partner. The trial court dismissed the suit because plaintiff lacked standing to sue under the wrongful death statute.

Plaintiff’s appeal raises the following question: If the state grants the right to sue for wrongful death to the surviving member of a “domestic partnership” may it constitutionally deny the same right to the surviving member of an unmarried cohabiting couple of opposite sex?

We hold the Legislature had rational bases for extending the right to sue for wrongful death to survivors of registered “domestic partnerships” but not to cohabiting…