Marriage Recognition and Family Protection Act

The Marriage Recognition and Family Protection Act, a law signed by Governor Schwarzenegger in October, went into effect last week.  Under the act, California will now fully recognize same-sex marriages performed in other states prior to November 5, 2008, and their union will be recognized as a “marriage”.  The act also ensures that same-sex couples who get married outside of California on or after November 5, 2008 will receive all the same rights, benefits, and responsibilities that married couples receive, expect their union will not be named a “marriage.”

What does this mean?

It essentially means that if a same-sex couple gets married in a state that recognizes gay marriage, and then moves to California, the state of California will recognize the marriage as valid, granting the same rights, benefits, and responsibilities that married couples receive.  However, even though California will recognize these marriages, they will not designate them as a marriage, unless the marriage took place prior to November 5, 2008.  Essentially, this act provides equal treatment for same-sex couples, regardless of where they were married or will be married in the future.

Are Same-Sex Marriages Legal in California?

At this time, California does grant marriage licenses to same-sex couples.  However, same-sex couples can apply for domestic partnership, which provides many of the same rights, benefits, and responsibilities that heterosexual couples receive when they get married.

If you are interested in learning more about the same-sex marriage or domestic partnership laws in California, please do not hesitate to contact my office today.  As an experienced Riverside family law attorney, I have extensive knowledge and a thorough understanding of the marriage laws in California, and would be more than happy to explain your rights and options under these laws to you.