In Re Domestic Partnership of Ellis

Introduction

We hold: Under the California Domestic Partner Rights and Responsibilities Act of 2003 (Stats. 2003, ch. 421) (the Domestic Partner Act), and consistent with the rationale of our Supreme Court in Koebke v. Bernardo Heights Country Club (2005) 36 Cal.4th 824 [ 31 Cal.Rptr.3d 565 , 115 P.3d 1212 ] (Koebke), a person’s reasonable, good faith belief that his or her domestic partnership was validly registered with the California Secretary of State entitles that person to the rights and responsibilities of a registered domestic partner, even if the registration never took place.

The California Legislature’s stated purpose in enacting the Domestic Partner Act was to extend to registered domestic partners all the rights, benefits, and obligations of married persons, with the exception of the rights, benefits, and obligations accorded only to married persons by federal law, the California Constitution, or initiative statutes. Under the equitable putative spouse doctrine, a person’s reasonable, good faith belief that his or her marriage is valid entitles that person to the benefits of marriage, even if the marriage is not, in fact, valid. The doctrine is not accorded…