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

The California Senate passed Wednesday the Marriage Recognition and Family Protection Act, SB 54, in a 23-14 vote. The bill, introduced by Senator Mark Leno (D-San Francisco) and sponsored by Equality California (EQCA), 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 grateful that our elected leaders have 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. "Ultimately, however, restoring the freedom to marry is the only way to ensure that all Californians are treated with true equality under the law."

Although Proposition 8 prevents California from designating same-sex couples who marry in another jurisdiction on or after Nov. 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."

The conservative California Family council also responded. "The California Legislature’s majority continues its disregard for the expressed will of their constituents and the state Constitution which affirms traditional marriage’s definition. Article I, Section 7.5 of the California Constitution specifically states “Only marriage between a man and a woman is valid or recognized in California.” SB 54 explicitly violates California’s Constitution."

“The Legislature’s approval of SB 54 demonstrates the Legislature’s contempt and lack of respect for their constituents,” stated Everett Rice CFC’s Legislative Coordinator. “In 2000 and 2008, the voters expressed their desire to protect traditional marriage at the ballot box. They emphatically affirmed that marriage should retain its historical definition and identity. Nonetheless, our elected representatives choose to yield to the demands of special-interest groups over the values of those who elected them.”

SB 54, having already passed the California Assembly, will now proceed to the Governor's desk.

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

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.