Opinion No. (2001)

BILL LOCKYER Attorney General JONATHAN R. DAVIS Deputy Attorney General THE HONORABLE BILL JONES, SECRETARY OF STATE, has requested an opinion on the following question: Is the common residence address listed on a declaration of domestic partnership subject to public disclosure by the Secretary of State? CONCLUSION The common residence address listed on a declaration of domestic partnership is subject to public disclosure by the Secretary of State, unless on the facts of a particular case, the public interest served by not making the information public clearly outweighs the public interest served by disclosure. ANALYSIS In 1999, the Legislature enacted a comprehensive statutory scheme (Fam. Code, §§ 297 - 299.6 ), authorizing the registration of domestic partnerships by persons of the same sex, or if older than 62, by persons of opposite sexes. The registration forms are filed with the Secretary of State, who returns "a copy of the registered form to the domestic partners at the address provided by the domestic partners as their common residence." (Fam. Code, § 298.5 , subd. (b).) We are asked whether the common residence addresses of domestic partners on file with…