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,”
(ix) “husband and wife,”
(x) “joint venture,”
(xi) “state or local registered domestic
(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.