LEGISLATIVE COUNSEL'S DIGEST


SB 54, as amended, Leno. Family law: out-of-state same-sex
marriages.
Existing law provides that a marriage contracted outside this
state that would be valid by the laws of the jurisdiction in which
the marriage was contracted is valid in this state. Existing case law
provides that, while on and after November 5, 2008, only marriage
between a man and a woman is valid or recognized in California,
marriages of same-sex couples that were performed prior to November
5, 2008, are valid.
This bill would provide that, notwithstanding any other provision
of law, a marriage between 2 persons of the same sex contracted
outside this state that would be valid by the laws of the
jurisdiction in which the marriage was contracted is valid in this
state if the marriage was contracted prior to November 5, 2008.
Existing case law also recognizes that while, effective November
5, 2008, same-sex couples lack the right to enter into a relationship
designated "marriage," they possess the right to the core set of
basic substantive legal rights and attributes traditionally
associated with marriage, including, the opportunity of an individual
to establish an officially recognized and protected family
possessing mutual rights and responsibilities and entitled to the
same respect and dignity accorded a union traditionally designated as
marriage.
This bill would specify that, notwithstanding any other provision
of law, 2 persons of the same sex who contracted a marriage on or
after November 5, 2008, that would be valid by the laws of the
jurisdiction in which the marriage was contracted shall have the same
rights, protections, and benefits, and shall be subject to the same
responsibilities, obligations, and duties under law, as specified, as
are granted to and imposed upon spouses , with
the sole exception of the designation of "marriage."

---

Comments/questions on SB 54 (Leno): Family law: out-of-state same-sex marriages.