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California Marriage/Relationship Recognition Law

Licenses marriages for same-sex couples? No.
On Nov. 4, 2008, California voters approved Proposition 8, which amends the state constitution to prohibit marriage by same-sex couples. The amendment overrules a May 2008 decision by the California Supreme Court recognizing marriage equality.

Honors marriages of same-sex couples from other jurisdictions? No.

Any form of statewide relationship recognition for same-sex couples? Yes.
California continues to provide rights and responsibilities to registered domestic partners. Same-sex couples and different-sex couples over the age of 62 are eligible to register and receive essentially all of the rights and benefits of married couples under state law.

Citations: In re Marriage Cases (California Supreme Court, May 15, 2008); CAL. FAM. CODE § 308.5.

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Recent Developments in California

On May 15, 2008, the California Supreme Court ruled that same-sex couples have the same right to marry as different-sex couples under the state constitution. Read HRC's press release on the landmark decision.

Between June 17 and November 4, 2008, more than 18,000 same-sex couples married in California. On November 4, 2008, voters in California narrowly approved Proposition 8, which amends the state constitution to prohibit marriage equality, enshrining discrimination in the state constitution. A lawsuit filed on Nov. 5 by the ACLU, Lambda Legal, and the National Center for Lesbian Rights seeks to invalidate Proposition 8.

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California Domestic Partners

Gov. Gray Davis, a Democrat, signed a bill Oct. 14, 2001, that enhances the state's domestic partner law by extending health care, estate planning and adoption benefits to unmarried couples who have registered as domestic partners. The law gives same-sex couples some of the essential resources necessary to protect their families and their relationships.

Benefits

Among the benefits available to California domestic partners as a result of the new law are:

  • access to the same adoption procedures used by stepparents;  
  • improved sick leave;   
  • disability coverage;   
  • expanded employer-sponsored health care coverage;   
  • medical decision-making authority for partners; and  
  • Certain key state tax breaks.

Davis signed another domestic partner bill into law on Sept. 10, 2002. The law provides inheritance rights for surviving domestic partners of California residents who die without a will or other estate plan. The new law creates parity between domestic partners and spouses for the purposes of "intestate succession," or inheritance in the absence of a will.

Eligibility

To be eligible for these and other benefits under California law, a couple must file a notarized Declaration of Domestic Partnership with the secretary of state's office along with a $10 filing fee. In this declaration, they must declare that they:

  • share a common residence;   
  • agree to be jointly responsible for each other's basic living expenses during the domestic partnership;   
  • are not married or in another domestic partnership;  
  • are not related by blood in a way that would prevent them from being married;  
  • are at least 18 years old;  
  • are the same sex (or one or both are over 62 years old and meet the eligibility requirements for old age benefits under the Social Security Act);  
  • are capable of consenting to a domestic partnership; and  
  • Have not previously filed a Declaration of Domestic Partnership that has not been terminated.

To obtain the Declaration of Domestic Partnership form, visit a local county registrar's office or the California secretary of state's office - or download a copy.

Updated on June 27, 2005

The legal information provided on this page is provided as a courtesy to the public. It is not designed to serve as legal advice. HRC does not warrant that this information is current or comprehensive.


The legal information provided on this page is provided as a courtesy to the public. It is not designed to serve as legal advice. HRC does not warrant that this information is current or comprehensive.

Last Updated: 11/13/2008