State Assembly Approves Law Clarifying Rights of Same-Sex Couples Married Outside of California

A press release from Equality California:

The State Assembly passed the Marriage Recognition and Family Protection Act, SB 54, today in a 44 to 27 vote. The bill, introduced by Senator Mark Leno (D-San Francisco) and sponsored by Equality California (EQCA), clarifies the rights of same-sex couples married outside of California.

The Marriage Recognition and Family Protection Act underscores that same-sex couples married before the passage of Proposition 8 are entitled to full recognition as married spouses in California, regardless of whether they married in California or out of state. That rule is consistent with existing law, including the California Supreme Court's prior holding in In re Marriage Cases that California cannot treat marriages differently based on whether they were performed in state or out of state.

The bill also confirms that same-sex couples married outside of California after November 5, 2008, must be given all of the rights, protections and responsibilities of spouses under California law, with the sole exception of the designation of "marriage."

"We are thrilled that the Assembly has passed this vital bill, which provides much needed clarity for same-sex couples married out of state who deserve to know where their families stand,” said Geoff Kors, Executive Director for Equality California. "However, restoring the freedom to marry is the only way to ensure that all Californians are treated with dignity and fairness.”

Although Proposition 8 prevents California from designating same-sex couples who marry in another jurisdiction on or after November 5, 2008, as "married," the Court's decision in Strauss v. Horton requires the state to give those couples all of the substantive protections of marriage.

“When California offered marriage licenses to same-sex couples in 2008, spouses who were already married in another state or country were prohibited from re-marrying in California,” said Senator Leno. “Now those couples and their families are in limbo because their rights and protections under law are not clear. This legislation ensures that same-sex couples are protected by existing California law that recognizes all marriages equally, regardless of where they are performed.”

SB 54 will next proceed to the State Senate for a vote to concur in amendments made in the Assembly. It will then head to the Governor’s desk.

To find out more information about EQCA's legislation, visit www.eqca.org/legislation.

CALL TO ACTION: Opponents of California Bill Recognizing Out-of-State Same-Sex Marriages Flooding Capital Phone Lines

California Senate Bill 54, sponsored by Sen. Mark Leno and Equality California (EQCA), would rectify one of the many inequities caused by Proposition 8 if passed. It would allow the state to recognize as marriages same-sex couples who legally got married outside of the state before the initiative passed and would extend all the rights and benefits to couples married after Proposition 8's passage, except their relationships would not be given the name "marriage."

“Proposition 8 not only creates a separate and unequal category for one minority group of Californians, but also creates confusion for same-sex couples who married outside of California,” said Senator Leno. “Since we cannot remedy this confusion by restoring full marriage equality for all Californians, we are forced to clarify the rights and protections afforded to these couples and their families in state law. As defined by the Court, Proposition 8 only denies same-sex couples the official designation of the term 'marriage.'”

However, supporters of Proposition 8 are having a fit over the bill.

Marc Solomon, Marriage Director for Equality California told Unite the Fight, "Our opponents are barraging the legislature, and especially the governor, with phone calls to the point where the governor's office has a phone line set up to handle calls about this bill specifically (as well as the Harvey Milk Day bill). So calls are really necessary right now!"

Another pressing issue. EQCA has learned that the Governor may use his line-item veto power to cut funding for essential HIV/AIDS health services. If he does, thousands of people will be left without the care their lives depend on. Contact the governor and urge him not to! Tell him not to “blue pencil” any funds that would support state HIV/AIDS programs.

ACTION

You can take action by contacting the California legislature and Gov. Schwarzenegger and expressing your support for SB 54 through EQCA's Action Center.

OR

Contact the legislature and the governor directly.

Gov. Schwarzenegger
State Capitol Building
Sacramento, CA 95814
Phone: 916-445-2841
Fax: 916-558-3160 (new number)
Email Form

Contact your legislature

CALL TO ACTION: Porterville, CA City Council Voting on Resolution Against State Bill To Recognize Same-Sex Marriages Outside CA Tonight!

Before Prop 8, the Porterville, CA city council voted for a resolution supporting the discriminatory initiative, the only city council in California to pass such a resolution.

And now they're at it again. Tonight, the city council hastily put together an agenda item proposing a resolution that would be a stand against Sen. Mark Leno's bill SB 54, which would clarify the rights of same-sex couples married before the passing of Prop 8 but who married outside California's borders. (See Sacramento Bee article on the bill.)

Cam Hamilton, the mayor of Porterville at the time before November's election, was a staunch opponent to recognizing marriage equality. A reader of Unite the Fight had an email exchange with the mayor when the council voted to support Prop 8, and in one email, he wrote, "...this is not a question of equality, this is a question of procreation and moral behavior. The debate never puts forth the facts of the degenerative act of homosexual activity."

LGBT and allied citizens of Porterville need your help IMMEDIATELY. Jamie Garza, Chair Porterville LGBTQ, Tulare County Chapter Leader Marriage Equality USA (MEUSA) writes:

ACTION: "Since it is so last minute and we know some of you will not be able to make it tonight, we are asking that you please take the time to make a phone call or send an email to the following Council Members, urging them to pass a motion to postpone indefinately any matters in relation to same-sex marriage."

Pete McCracken, Mayor
petemccracken@portervilleca.gov
Phone: 559 783-8151

Felipe A. Martinez, Council Member
felipemartinez@portervilleca.gov
Phone: 559 350-3003

Pedro Martinez, Council Member
pedropetemartinez@portervilleca.gov
Phone:559 333-0074

More on Porterville, CA to come!

California Bill to Recognize Same-Sex Marriages Performed Outside State Passes Senate Committee

Senate Bill 54, sponsored by Sen. Mark Leno and which addresses same-sex marriages performed outside of California and whether the Golden State will recognize them, sailed through the Senate Judiciary Committee on a vote of 7-3 along party lines.

The bill seeks to clarify what was left unanswered by the Supreme Court in its ruling to uphold Prop 8. In it, the bill claims that same-sex couples who married outside of California before Prop 8 went into effect on November 5, 2008 are recognized as married spouses. The bill also confirms that same-sex couples who married outside California after November 5, 2008, or plan to do so in the future, must receive the same rights, protections, benefits, obligations and responsibilities afforded to opposite-sex spouses, with the sole exception of the designation of “marriage.”

"This legislation, in my view, attempts in a limited way to clarify an issue that could result in exacerbating inequality," said Assembly Judiciary Chairman Mike Feuer, D-Los Angeles. It is "utterly consistent with the Supreme Court's ruling in Strauss," he said.

Conservative groups say that the Supreme Court remained silent on the issue, so as consequence, it should be decided yet again by the people in a vote and not circumvent the proper process which they're accusing the supporters of the bill of doing.

Law.com reports on some of the drama at the hearing:

During Thursday's hearing, Leno took a shot at the late Sen. William "Pete" Knight, who authored Prop 22, the 2000 initiative banning gay marriage that was overturned by the state Supreme Court last year.

"He could see that change was about to hit the shores of California, and he wanted to protect the status quo, the discriminatory status quo," Leno said.

Sitting several feet away from Leno was Knight's son, Republican Assemblyman Steve Knight, R-Palmdale, who serves on the Assembly Judiciary and voted against SB 54. California should not recognize out-of-state gay marriages "just like there are gun laws in other states that we do not accept," Knight said.

Democrats hold a majority of both California legislative houses, so speculation surrounds Gov. Schwarzenegger and whether or not he'll sign the bill if it reaches his desk. He vetoed two bills legalizing marriage equality in the past but has taken a public stance against Prop 8.

Senator Leno Announces Bill Clarifying Rights of Same-Sex Couples Married Outside of California

In a press release Thursday, Senator Mark Leno announced he will be authoring legislation to clarify state law regarding same-sex couples who have already married or plan to marry outside of California, prompted by ambiguities about how out-of-state same-sex marriages will be recognized in California following the passage of Proposition 8 and the California Supreme Court decision upholding it.

Senator Leno’s Senate Bill 54, sponsored by Equality California, has been amended to clarify that same-sex couples who married outside of California before Proposition 8 went into effect on November 5, 2008 are recognized as married spouses. The bill also confirms that same-sex couples who married outside California after November 5, 2008, or plan to do so in the future, must receive the same rights, protections, benefits, obligations and responsibilities afforded to opposite-sex spouses, with the sole exception of the designation of “marriage.”

Senate Bill 54 - Regarding Same-Sex Couples Married Outside CA

“Proposition 8 not only creates a separate and unequal category for one minority group of Californians, but also creates confusion for same-sex couples who married outside of California,” said Senator Leno. “Since we cannot remedy this confusion by restoring full marriage equality for all Californians, we are forced to clarify the rights and protections afforded to these couples and their families in state law. As defined by the Court, Proposition 8 only denies same-sex couples the official designation of the term “marriage.”

While Prop 8 prevents California from using the “marriage” designation for same-sex couples who marry after November 5, 2008, the Supreme Court’s May 26 decision, as explained in the Court’s press release, “leaves undisturbed all of the other aspects of a same-sex couple’s constitutional right to establish an officially recognized and protected family relationship and to the equal protection of the laws.”

The Court’s decision states that California must recognize the marriages of couples who married in California before the passage of Prop 8 but does not specify how couples who married outside of the state should be recognized. Nevertheless, existing family and constitutional law, including the Supreme Court’s 2008 decision that upheld the right to marry for all couples, affirms that the state would violate the federal privileges and immunities clause if it were to treat marriages differently based on where they are performed. SB 54 makes that clear in state law.

SB 54 is co-authored by the members of the LGBT Legislative Caucus, including Senator Christine Kehoe and Assemblymembers Tom Ammiano and John A. Pérez. The bill will be heard in the Assembly Judiciary Committee in the coming weeks.

Image by Steve Rhodes.