Defining Domestic Partners

I've received a lot of questions in comments about how the State Department and other agencies are going to define "domestic partners" for the purposes of extending benefits to the partners of gay and lesbian federal employees. Here's the language from the revisions to the State Department's manual:

A. Definition of a Domestic Partner

A domestic partner for purposes of this section is an individual who meets all of the criteria listed in and who has been declared to be a domestic partner of an employee in accordance with subpart (B) below.

B. Declaration of a Domestic Partner

To obtain benefits and assume obligations of a "domestic partner" under the Foreign Affairs Manual (FAM) and Department of State Standardized Regulations (DSSR), an employee must file an affidavit of eligibility for benefits and obligations (3 FAM 1610 Appx.) with

• the Bureau of Human Resources, Executive Office, Assignment Support Unit (HR/EX/ASU) (for Department of State employees),

• Office of Human Resources/Foreign Service Personnel Division (for Agency for International Development employees)

• Office of Human Resources/Operations and Benefits (OHR/O) (for the Broadcasting Board of Governors employees)

• Office of Foreign Service Human Resources (OFSHR) (for Foreign Commercial Service employees)

• Office of Foreign Service Operations (DAFAS) (for Foreign Agricultural Service employees)

identifying the domestic partner of the employee and certifying that the employee and the domestic partner of the employee -

(1) are each other's sole domestic partner and intend to remain committed to one another indefinitely;

(2) have a common residence, and intend to continue the arrangement;

(3) are at least 18 years of age and mentally competent to consent to contract;

(4) share responsibility for a significant measure of each other's common welfare and financial obligations;

(5) are not married to, joined in civil union with, or domestic partners with anyone else;

(6) are same-sex domestic partners, and not related in a way that would prohibit legal marriage in the State in which they reside;

(7) agree to inform the Department of State of any dissolution of the partnership in accordance with subpart C below;

(8) understand that the domestic partner will be held to standards of conduct in the FAM that apply to family members; and

(9) understand that falsification of information within the affidavit may constitute a criminal violation under 18 U.S.C. 1001 and may lead to disciplinary action.