{"id":371834,"date":"2016-03-31T21:34:29","date_gmt":"2016-04-01T02:34:29","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/california-law\/california-same-sex-marriage-and-domestic-partnership-laws.html"},"modified":"2024-12-20T20:26:47","modified_gmt":"2024-12-21T01:26:47","slug":"california-same-sex-marriage-and-domestic-partnership-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/california-law\/california-same-sex-marriage-and-domestic-partnership-laws.html","title":{"rendered":"California Same Sex Marriage and Domestic Partnership Laws"},"content":{"rendered":"\n
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California Same Sex Marriage and Domestic Partnership Laws<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Current State of California Same-Sex Marriage Law<\/h3>\n

Same-sex marriage became legal in California after the U.S. Supreme Court affirmed a lower court’s ruling in 2013. This issue appears to be settled in California, following several state and federal court rulings and a voter initiative that was later ruled unconstitutional. See California Marriage Law<\/a> and Developments in Same-Sex Marriage Law<\/a> for more information.<\/p>\n

Original Court Ruling and Proposition 8<\/h2>\n

In June 2006, the California Supreme Court ruled that the ban on same-sex marriage was unconstitutional on the basis of equal protection in In re Marriage Cases<\/i>. For the brief period from June 2008 until November 2008, California was allowing same-sex marriages.<\/p>\n

In November 2008, California voters passed Proposition 8, an amendment to the California Constitution, by a slim margin. This amendment stated that marriage could only be between one man and one woman. The same-sex couples that did get married between June and November 2008 were allowed to maintain the validity of their marriages even after Proposition 8 was passed. Legal action with regards to same-sex marriage is ongoing with cases actively litigated in California and elsewhere.<\/p>\n

Judge Walker’s Federal Ruling<\/h2>\n

In 2010, Judge Vaughn Walker ruled that Proposition 8 was unconstitutional because it violated federal due process and equal protection clauses. In his opinion, he said, "The state does not have an interest in enforcing private moral or religious beliefs without and accompanying secular purpose." His decision was appealed to the U.S. Supreme Court.<\/p>\n

Supreme Court Ruling: Hollingsworth v. Perry<\/i><\/h2>\n

With its 2013 decision that the appellants lacked standing to challenge Judge Walker’s lower court ruling (<\/a>Hollingsworth v. Perry<\/a><\/i>), the U.S. Supreme Court affirmed the lower decision. This had the affect of legalizing same-sex marriage in California. Marriage certificates were issued to same-sex couples shortly after the ruling was announced.<\/p>\n

Domestic Partnerships: Definition and Legal Requirements<\/h2>\n

Prior to the 2013 Supreme Court ruling, domestic partnerships offered way for same-sex couples to gain many of the rights that married couples enjoy. A domestic partnership is defined as "two adults who have chosen to share one another’s lives in an intimate and committed relationship of mutual caring," which can include heterosexual couples as well. The requirements for a domestic partnership are as follows:<\/p>\n