Assistant Professor of Sociology Yvonne Zylan appeared before the Bankruptcy Appellate Panel of the 9th Circuit in San Francisco, California on June 23, presenting oral argument in a case concerning the interaction between California's Domestic Partners Rights and Responsibilities Act and the federal Bankruptcy Code. The case, on which Zylan has been acting as a pro bono consultant since last fall, raises issues of statutory interpretation and public policy with respect to the legal definition of civil marriage.
The appellants in the case, a same-sex couple from San Francisco who are registered domestic partners, filed for federal bankruptcy protection in 2005. The appellants, who were required by federal law to file for bankruptcy protection as single individuals, were denied a portion of their homestead exemption by the federally appointed Bankruptcy Trustee on the grounds that, as domestic partners, they are effectively "married" and therefore entitled to only half the claimed amount. Zylan, arguing on behalf of the appellants, asked the BAP to interpret the homestead exemption, California Code of Civil Procedure § 703.110, consistently with California law, which continues to recognize a distinction between the legal statuses of marriage and domestic partnership.
Until same-sex couples are allowed to enjoy the status of marriage, Zylan argued, treating them as "married" under the homestead provision would cause them to be treated inequitably within federal bankruptcy proceedings."
Prof. Zylan teaches and undertakes research in the area of law and society. Prior to joining the Sociology Department faculty at Hamilton College in 2005, she practiced law in the litigation department of Pillsbury Winthrop Shaw Pittman LLP. Zylan is admitted to practice in the state and federal courts of California.
