State Information
Government Website:
http://www.leginfo.ca.gov/
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Outline of State Law
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| Current Status of Law Concerning Marriage and Date of Passage |
2000 - State Law Passed. |
| State Law Prohibits/Voids Same Sex/Same Gender Marriage |
yes |
| State Law Defines Marriage between a Man and a Woman |
yes |
| State Law Denies Recognition of Same-Sex Marriages Solemnized in Other States |
yes |
| State Law States that Same Sex Marriage is not Aligned with State Public Policy |
no |
| State Law Defines "Spouse" as Referring Only to a Person of the Opposite Sex Who is Married as Husband or Wife |
no |
Statutory Provision
California Fam, Code
§ 300. 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 constitute 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).
§ 308. 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.
§ 308.5. Only marriage between a man and a woman is valid or recognized in California.
Current Legislative Activity
- VoteYesMarriage.com has established language for an amendment. They will begin collecting signatures to put an amendment on the ballot. The text of the proposed amendment is as follows:
Only marriage between one man and one woman is valid or recognized in California, whether contracted in this state or elsewhere. A man is an adult male human being who possesses at least one inherited Y chromosome, and a woman is an adult female human being who does not possess an inherited Y chromosome. Neither the Legislature nor any court, government institution, government agency, initiative statute, local government, or government official shall abolish the civil institution of marriage between one man and one woman, or decrease statutory rights, incidents, or employee benefits of marriage shared by one man and one woman, or require private entities to offer or provide rights, incidents, or benefits of marriage to unmarried individuals, or bestow statutory rights, incidents, or employee benefits of marriage on unmarried individuals. Any public act, record, or judicial proceeding, from within this state or another jurisdiction, that violates this section is void and unenforceable.
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U.S. Senators
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Barbara Boxer, Democrat
http://boxer.senate.gov/
This senator voted against the federal DOMA in 1996 and against the Marriage Protection Amendment in 2004 and 2006.
Dianne Feinstein, Democrat
http://feinstein.senate.gov/
This senator voted against the federal DOMA in 1996 and against the Marriage Protection Amendment in 2004 and 2006.
State Public Policy Organizations Working on Marriage Issues
California Family Council
Vote Yes Marriage
Campaign for Children and Families
Campaign for California Families
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