Creating the Perfect Case: The Constitutionality of Retroactive Application of the Domestic Partner Rights and Responsibilities Act of 2003

Abstract

This article will examine the Domestic Partner Rights and Responsibilities Act of 2003 and its retroactive application. It will also make predictions about the success of constitutional arguments against applying the Act retroactively. Part II examines the history of domestic partnerships in California and provides a selected history of California cases wherein courts decided issues of retroactivity. Part III covers more recent litigation surrounding the Act and its amendments. Part IV then analyzes the possible impacts of the recent decisions and legislation. Part V concludes.