Late on Sunday, Governor Arnold Schwarzenegger signed into law California Senate Bill 54. In an attempt to abide by the constraints of Proposition 8 as well as the California Supreme Court decision in Strauss v. Horton, the new legislation creates a two tiered system for same-sex married couples moving to California.
Proposition 8, a ballot measure passed November of 2008, amended the state constitution to read “Only marriage between a man and a woman is valid or recognized in California.” Upon passage, same-sex couples could no longer receive a marriage license in California. The ballot measure was challenged in court. In a lengthy decision, the California Supreme Court upheld the measure, but ruled that the marriages of same-sex couples that took place between June and November of 2008 would remain legal.
In keeping with that ruling, Senate Bill 54 recognizes same-sex marriages that legally took place between June and November 2008 in other states as marriages under California law. However, all other same-sex marriages taking place elsewhere outside of that window will only be recognized as domestic partnerships.
As a practical matter, under state law domestic partners are entitled to all of the rights and responsibilities as married couples with in the state. If the Defense of Marriage Act (DOMA) were to be repealed by the U.S. Legislature or declared unconstitutional by the federal courts before Proposition 8 is overturned, then only same-sex married couples in California would be entitled to federal benefits and protections. Those classified as domestic partners would not receive benefits.
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