Today’s letter – I expect our government to follow the law

Dear Governor Schwarzenegger –

I discovered something terrible. Our own state Economic Development Department (EDD) has an entire tax unit and legal status called “HUS/WIFE.” The California Business and Professions Code Section 17913 (b) (4) even seems to authorize this, listing options describing the nature of the business as

(i) “an individual,”
(ii) “a general partnership,”
(iii) “a limited partnership,”
(iv) “a limited liability company,”
(v) “an unincorporated association other than a partnership,”
(vi) “a corporation,”
(vii) “a trust,”
(viii) “copartners,”
(ix) “husband and wife,”
(x) “joint venture,”
(xi) “state or local registered domestic
partners,” or
(xii) “a limited liability partnership.”

I don’t know why our EDD doesn’t just use the term “married couple” instead of “husband and wife.” Article 1 Section 8 of our State Constitution says “A person may not be disqualified from entering or pursuing a business, profession, vocation, or employment because of sex, race, creed, color, or national or ethnic origin.” Our 2005 Domestic Partnership legislation ordered this gender specific language to be changed, and it seems as though our State Supreme Court agrees.

The EDD ought to defer to the Family Code for the definition of marriage instead of making up their own. The EDD expects me to follow the law; I expect no less from the EDD.

Sincerely,

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2 Responses to “Today’s letter – I expect our government to follow the law”

  1. jesurgislac Says:

    I’ve read this post several times and I still don’t understand it. Is your problem that the Californian state government *hadn’t* changed the tax codes in advance of a court decision? I think you could have given them until the next tax return time, at least: of course there will then be many married couples who will be filing as husband and husband or wife and wife, and it would definitely make sense then to change it to “spouse and spouse”. Or simply “spice”.

    Isn’t it great, anyway! 😀

  2. signab43 Says:

    I apologize – I’m not always as eloquent as I like.

    My issue is that the EDD created a new and different entity of “HUS/WIFE” that is different from the state’s recognized definitions of Married Couple AND Domestic Partnership.

    All they need to do is say “Married Couple or Domestic Partnership” and they will get the information they need without forcing people to reveal their sexual orientation or gender on the tax form.


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