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Same-Sex Marriage in California
As of October of 2009, there are 4 states in the U.S. that actually perform and recognize same-sex marriages. They are Massachusetts, Connecticut, Vermont, and Iowa. The New Hampshire Legislature has also passed a law legalizing same-sex marriage, which is set to take effect on January 1, 2010. The Maine Legislature has also passed a law to legalize same-sex marriage, but it has not yet taken effect, and could be overruled by an upcoming ballot initiative, known as a “people’s veto” in that state. In addition, New Jersey authorizes civil unions for same-sex couples which, while not called “marriage”, are basically identical.
California made news in June of 2008 when that state’s Supreme Court found that its ban on same-sex marriage violated the equal protection guarantee in the California Constitution, effectively legalizing same-sex marriage in the most populous state in the nation. However, shortly after the decision was rendered, a ballot measure known as Proposition 8, which would amend the state constitution to explicitly define marriage as a union between a man and a woman, was certified for the November ballot. On November 4, 2008, Proposition 8 passed with a narrow majority vote, once again banning same-sex marriage in California.
Shortly after Proposition 8 was passed, its validity as an amendment was challenged largely on procedural grounds. The court upheld the amendment, meaning that no new same-sex marriages can currently be performed in California. However, 18,000 same-sex couples were married after the ruling of the state Supreme Court, and before the passage of Prop. 8. The Supreme Court ruled that those marriages are to remain valid.
As if to complicate things further, California recognizes “domestic partnerships” – legal arrangements available to same-sex couples which offer almost all of the legal rights and responsibilities of marriage.
Finally, the California legislature passed a law which recognizes same-sex marriages from other states, provided they were performed before Prop. 8 went into effect (November 5, 2008).
While the issue of same-sex marriage remains controversial nationwide, its legal status in most states is pretty clear-cut: it’s either recognized or it isn’t. However, in California, the situation is more complex, and people who haven’t been keeping up with the rapid changes in California law might be confused.
Therefore, if you are in a same-sex relationship, and are curious about the exact nature of your legal rights in California, you should consult with an experienced California attorney who specializes in family law.
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