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Last Updated: 09.30.2005

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California

Pending Opposition Legislation

California Legislature has passed a same-sex marriage bill.  This bill will likely be vetoed by Gov. Schwarzenegger.

Statutes

Consent; issuance of license and solemnization

Marriage is a personal relation arising out of a civil contract between a man and a woman, to which the consent of the parties capable of making that contract is necessary.  Consent alone does not sonstitute marriage.  Consent must be followed by the issuance of a license and solemnization as authorized by this division, except as provided by Section 425 and Part 4 (commencing with Section 500).
California Family Code Section 300

Adults Capability to consent and consummate marriage

An unmarried male of the age of 18 years or older, and an unmarried female of the age of 18 years or older, and not otherwise disqualified, are capable of consenting to and consummating marriage.
California Family Code Section 301

Between Man and Woman Only

Only Marriage between a man and a woman is valid or recognized in California.
Section 308.5, Proposition 22

Cases

Marriage Cases Coordinated, No. 4365.

Six Cases have been tied together as part of a coordinated proceeding in San Fransisco Superior Court as all are seeking determination as to the constitutionality of CA's marriage statutes.  Two (Thomasson and Proposition 22 Legal Defense and Education Fund) are in favor of a declaration that marriage is a union between a man and a woman, and the remaining four are in favor of a declaration that these statutes are in violation of the California Constitution. 

Proposition 22 Legal Defense and Education Fund v. City and County of San Francisco 

On December 22, 2004, oral arguments will be heard by the California Superior Court in San Fransisco in a case spawned by SF's issuance of marriage licenses to same-sex couples in February and March 2004.  Though the Supreme Court invalidated the licenses on August 12, attorneys seek judgment making California's marriage laws constitutional. See Story

CA AB 25 (2001)
On Sunday, October 14, California Governor Gray Davis signed into law AB 25, a bill granting numerous marital benefits to domestic partners. 
A Superior Court judge upheld the Domestic Partnership law on September 8, 2004 See Decision
January 1, 2005, the Domestic Partnership bill went into effect.

Websites

Government Website
California Family Council



Last Revised 30-Sep-05 03:07 PM.


       
       
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