Same-Sex Marriage in California

How to Get a Marriage License and Rights as a Gay Couple

Aug 5, 2008

California same-sex couples can now get a marriage license, but rights are limited in other states and may end in California if the marriage amendment passes in November.

Since the decision of the California Supreme Court that made it illegal for California counties and cities to deny gay and lesbian couples a marriage license, many couples have taken advantage of their new right. However, those looking to marry may still have questions about the marriage process, their rights and obligations, and recognition of the marriage in other states.

Step-by-Step Guide to Obtaining a Marriage License

The process for same-sex couples is no different from the process for different-sex couples, and information about the specifics for each California county can be found on the county website or by making a telephone call. The basic requirements are that the couple appear together at the county or city clerk's office, both members be over the age of eighteen (there is an exception that requires appearing with a parent and seeing a counsellor and a judge), and in the case of a previous marriage show proof of death, annulment, or divorce.

Same-sex marriages performed before June 16th, 2008 are not valid in California. Couples in this situation must obtain a new marriage license, but those who previously married another person of the same sex before June 16th are not required to prove termination of the marriage because it was not legally valid.

Couples will need to pay a fee, which varies depending on the county, and some counties accept cash only. It is a good idea to call ahead to find out the fee and also to make an appointment, especially in populous cities and counties. Both partners need photo ID and need to know their mother's maiden names and the places of birth of each of their parents. The license needs to be obtained before the marriage ceremony.

Effect of the Marriage in California and Other States

Within the state of California, same-sex couples enjoy all the rights and privileges of different-sex married couples. However, the Defense of Marriage Act (DOMA) provides that federal benefits do not extend to same-sex couples and that other states are not required to recognize a same-sex marriage. Currently the only other state that recognizes full marriage benefits is Massachusetts. Though the New York governor recently issued a directive requiring New York agencies to recognize out-of-state marriages, this is currently being challenged in court.

What DOMA means is that same-sex couples cannot file jointly on federal income tax returns, for example, and could encounter roadblocks while travelling or in case of an interstate move. Couples who have property elsewhere should be sure to have a will drawn up, because property will not automatically go to the spouse in the event of death. There may also be difficulties when it comes to insurance policies in another state, so married couples should check with the insurance company.

Future of Gay Marriage in California: the Marriage Amendment

In a July 28th, 2008 article in the San Francisco Chronicle, John Wildermuth described the national nature of the fight between supporters of the California Supreme Court decision and supporters of Proposition 8, a proposed amendment to the state constitution that would make same-sex marriage illegal. Large amounts of money have been pouring in on both sides, and the presidential candidates have announced their positions – McCain in favor of Proposition 8 and Obama against. If the amendment is added to the California Constitution, marriages performed prior to that date will be invalid.

Same-sex couples looking to marry needn't let the political battle spoil the fun of the ceremony, however. As long as couples call ahead, know in advance what fee they will need to bring and have the information about their parents handy, and make sure to allow a few weeks' lead time before the big day, getting a marriage license in California needn't be a difficult process. Once the marriage is complete, same-sex couples have the same rights as any other married couples in the state, and need only to stay informed about their rights elsewhere.

California Department of Public Health, "California Marriage License, Registration and Ceremony Information."

The copyright of the article Same-Sex Marriage in California in Same-Sex/Gay Marriage is owned by Judith Faucette. Permission to republish Same-Sex Marriage in California in print or online must be granted by the author in writing.