Civil unions do not confer all the rights of marriage.
The discrimination is that a heterosexual can marry whom he/she chooses (as long as the person is a legal adult, not married to anyone else at the time) but a gay man or lesbian cannot. Since legal marriage confers literally hundreds of rights and responsibilities under state and federal law, that is discrimination. How much clearer can it be?
That enough?
No, not even close to enough, you're totally avoiding the fact that a domestic partnership in California is IDENTICAL to a marriage in california. The only difference is the name.
In California, a domestic partnership has all the rights under state law, but not FEDERAL law, which is not going to change even with gay marriage in California. This was a state measure, and its implications would be felt under the state only. Essentially NOTHING would have changed, the marriage would not be recognized in other states, only in California, which would be EXACTLY THE SAME AS A DOMESTIC PARTNERSHIP, aside from the name alone.
As of 2007, California affords domestic partnerships all of the same rights and responsibilities as marriages under state law (Cal. Fam. Code §297.5). Among these:
* Making health care decisions for each other in certain circumstances
* Hospital and jail visitation rights that were previously reserved for family members related by blood, adoption or marriage to the sick, injured or incarcerated person.
* Access to family health insurance plans (Cal. Ins. Code §10121.7)
* Spousal insurance policies (auto, life, homeowners etc..), this applies to all forms of insurance through the California Insurance Equality Act (Cal. Ins. Code §381.5)
* Sick care and similar family leave
* Stepparent adoption procedures
* Presumption that both members of the partnership are the parents of a child born into the partnership
* Suing for wrongful death of a domestic partner
* Rights involving wills, intestate succession, conservatorships and trusts
* The same property tax provisions otherwise available only to married couples (Cal. R&T Code §62p)
* Access to some survivor pension benefits
* Supervision of the Superior Court of California over dissolution and nullity proceedings
* The obligation to file state tax returns as a married couple (260k) commencing with the 2007 tax year (Cal R&T Code §18521d)
* The right for either partner to take the other partner's surname after registration
* Community property rights and responsibilities previously only available to married spouses
* The right to request partner support (alimony) upon dissolution of the partnership (divorce)
* The same parental rights and responsibilities granted to and imposed upon spouses in a marriage