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While the 18,000 same-sex marriages performed IN California were upheld as legal, there was no clarity for quite some time about whether the Golden State would recognize legal same-sex unions performed outside of its boundaries.
Senate Bill 54 was signed by the Governator last month recognizing any same-sex marriages performed before Prop 8 took effect, and the law goes into effect January 1, 2010.
When California’s Republican governor, Arnold Schwarzenegger, signed into law last month legislation recognizing some same-sex marriages performed out of state, the state’s Director of the Department of Social Services learned he would regain his legal status as a married man in January.
So will his husband.
CDSS Director John A. Wagner will be the highest-ranking, openly gay, legally married administration official.
The legislation, Senate Bill 54, clarifies that same-sex couples who married outside of California before Proposition 8 went into effect November 5, 2008, are recognized as married spouses by the state of California. It was authored by openly gay state Senator Mark Leno (D-San Francisco).
One other positive benefit of this legislation is that enumerates that any legal same-sex marriages performed outside of the state after November 5, 2008 must receive the same benefits as civil marriage, but it cannot be called “marriage.”
In the end, this is the best that can be done with the tortuous mess of patchwork “equality” that exists at the state level that tugs again on the unconstitutional truth that a civil marriage license must be portable from state to state, just like your driver’s license.
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I guess I’d call thismaking the best of a bad situation. Good for them to have done this. I was wondering what our status was when we’re visiting family in CA – we got married post-Prop 8.
Still confusedSo for those out-of-state same-sex marriages performed after Prop 8 passed, how will they be recognized, lets say for the state tax return. If they are not considered “married”, how are they referred to? I know they are NOT automatically considered Domestic Partnerships according to EQCA’s FAQ sheets regarding SB54. So what mechanism will the state use to recognize these marriages. Will they now have to ask (anywhere marital status is needed to determine benefits) married, registered domestic partnership, or out-of-state same-sex married?
jesusHow fucking ridiculous.
Ain’t it inspiring how far the US of A-hole will go to be bigoted?
Seconded!
Discrimination is complicatedI’m sure the haters are going to howl, and probably introduce bills and propositions to reverse this.
It’s pathetic though. In CA, my wife and I had a domestic partnership. We were out of the country during that window when same-sex marriage was legal. Now we’re back, living in New Mexico — where our relationship is…well, back to nothing, save where we’ve papered over with expensive lawyering.
In a sense, so what if California ‘recognizes’ those out-of-state marriages? Or the pre-Prop8 ones? How is it any different from domestic partnerships, in terms of rights, privileges and responsibilities? Still can’t get federal recognition and the relationship doesn’t exist legally outside the state.
It’s a patchwork mess.
Still don’t forgive SchwarzneggerLost in all the collective memory (especially in the media) is that the California legislature passed full marriage TWICE, to be vetoed each time by the governor. That window would have been a hell of a lot larger if he hadn’t, and the whole “only because it was imposed by activist judges” meme would’t still be flying around.
Both married and domestic partnered same-sex coupleshave the same two choices for state tax return filing status: ”married/RDP filing jointly” and “married/RDP filing separately.” This was true even before there were any same-sex marriages recognized in California. Presumably, this third category will have the same option (But disclaimer: I am not a tax guy).
The California Franchise Tax Board has a page devoted specifically to state tax issues for same-sex married couples:
http://www.ftb.ca.gov/individu…
There is a link there to Publication 776, which deals in more detail with state tax issues. It hasn’t yet been updated to reflect this new law (or the decision last March that Prop. 8 has no legal effect on the existing marriages), but it remains a particularly informative piece:
http://www.ftb.ca.gov/forms/20…
Off line a few days… and look what appears..Thanks Pam, I wouldn't have even attempted to 'clear' up this CA mud pack!…and now with the Legalizing Marijuana going on the same ballot as Restore Equality in 2010?? Does that help or hurt our chances?? Help, I think if MJ supporters come out to vote to ensure their victory. Will make for fine polls and discussion next year.
Ah, not what happened in Maineremember, an expansion of legalized marijuana passed in Maine with 69% of the vote on 11/3/09. I do want to look at the results from there though, that might give you some of the preliminary info that you are seeking.
Here’s the link with the totals at the bottom267,828 voted No on Question 1
332,038 voted Yes on Question 5
300,848 voted Yes on Question 1
232,044 voted No on Question 5
Question 5 won in all but 2 counties.
http://www.maine.gov/sos/cec/e…