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NOTE: This document is intended to provide information for same-sex couples who are considering getting married in California. It is not intended t o be legal advice, and should not be taken as such. For legal advice concerning your particular situation, please consult an attorney. Same-sex couples have had the freedom to marry in California sincewhen the Supreme Court declined to hear the appeal in Hollingsworth v. This reinstated the trial court ruling invalidating Proposition 8, which had stripped same-sex couples of the freedom to marry. Thanks to the U.
Supreme Court's ruling in Obergefell v. Hodges, same-sex couples have the freedom to marry throughout the United States. On June 26,the Court ruled that the Fourteenth Amendment requires states to allow same-sex couples to marry and to recognize marriages of same-sex couples performed outside of their home state. Additionally, thanks to the Supreme Court's ruling in Windsor v.
United States, all married couples in California — including same-sex California single man for marriage — must be treated by the federal government as married, equally, and with respect. On June 26,the Court ruled that Section 3 of the so-called Defense of Marriage Act DOMAwhich had required the federal government to treat same-sex couples as unmarried and prohibited them from granting same-sex married couples any of the federal benefits, protections, and responsibilities based on marriage, violated our Constitution's guarantees of equality and liberty.
If we got married in California before Prop 8 went into effect is my marriage valid? Do we need to get married again?
If my partner and I were legally married in another state or country, will California recognize our marriage, or should we remarry in California? Will couples who are registered domestic partners in California automatically become married? Will registered domestic partnerships in California continue to exist?
Is there any reason for couples to be both married and in a registered domestic partnership? Can I marry my current partner if I have a civil union or registered domestic partnership with my former partner? If my partner and I are from another state and marry in California, will our marriage be valid in our home state? Will the federal government recognize marriages of same-sex couples who marry in California?
For same-sex couples in bi-national relationships, will getting married in California permit a non-U. Do religious institutions or clergy members have to perform marriages for same-sex couples? Can a private business, such as a florist, photographer, or event space refuse to provide space or a service for my wedding because I am marrying a person of the same sex?
Can my employer refuse to provide my same-sex spouse with employment benefits that they give to different-sex spouses or refuse to recognize my marriage as valid? Can a landlord refuse to rent a house or apartment to me and my spouse? If my partner and I get married, can an adoption or foster agency discriminate against us?
In California, persons who are legally authorized California single man for marriage solemnize marriage ceremonies include: clergy members; active and retired state court judges and court commissioners and assistant commissioners; commissioners of civil marriages or retired commissioners of civil marriage; justices or retired justices of the U.
Supreme Court or judges, magistrate judges, retired judges, or retired magistrate judges of other federal courts; state legislators or constitutional officers of the state; and members of Congress who represent a district within this state. Commissioners and Deputy Commissioners of Civil Marriages perform civil marriage ceremonies by appointment at deated county offices. Call ahead or visit the county website for more information.
A couple can also have a friend deputized to perform 3 their marriage ceremony through a county "Deputy Commissioner for a Day" program. The specific requirements vary by county. Marriage is a serious legal and personal commitment. Before getting married, couples should educate themselves about the legal consequences of marriage. Certain people should be especially cautious before deciding to marry, including people receiving certain government benefits especially those receiving SSI disability benefits, TANF, or Medicaid and people planning to adopt children internationally.
If you are in this situation, we strongly suggest you consult an attorney about what marriage will mean for you before deciding to marry. Yes, marriage s are public records; however, in California, couples can apply for a "confidential" marriage. The only additional requirements for obtaining a confidential marriage are that the spouses must be at least 18 years old, must be living together at the time California single man for marriage apply for the marriageand must an affidavit on the attesting to those facts. The couple must be married in the county where the is issued. The marriage is a confidential record and is registered at the County Clerk's office in the county where it was issued.
Only the spouses may obtain copies of the marriage. Persons other than the spouses may obtain copies of a confidential marriage only by getting a court order permitting them to do so. When a couple obtains a confidential marriagethe only information available as a matter of public record is the fact that each of the individuals is married; who, when, and where the person married, as well as the person's address aren't publicly available. This may be a good option for those who don't want others to know the name of their spouse or where they live.
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Frequently Asked Questions Updated July 9, What do we have to do to marry in California? Who can marry us? Should my partner and I marry? Is a marriage a public record? What happens if we marry in California and later wish to divorce?
Can out-of-state couples marry in California? The legal order that stops the State of California from enforcing Prop 8 applies to government officials throughout the state. Both partners must go together to the county office, fill out the marriage application, and present a government issued picture ID and proof that you are over 18 years old.
If either or both is younger than 18, different procedures apply. Some counties have their marriage applications posted online so you can fill them out before you arrive at the County Clerk's office. No blood test or health certificate is required. Call ahead or visit the county's website to learn the hours, locations, and fees of the county offices that issue s.
The marriage is valid for 90 days, which means you have 90 days to go get married. Your marriage can be performed anywhere in California. The person who performs your ceremony must be authorized to solemnize marriages in California and must complete and your marriage after the ceremony. In addition, at least one witness 18 years old or older must the marriage. The then becomes your marriage certificate, which must be returned to the same county in which you obtained the for filing within ten days of the ceremony.
You may also be able to have your ceremony performed at the county office on the same day you obtain a marriage for an additional fee. The only legal way to end a marriage is to go to court to get a divorce. Typically, in order to divorcein California, at least one of the spouses must be a resident of California for at least six months, and aresident of the county in which the divorce is filed for three months, before filing a divorce petition. If you got married in California between June 16, and November 5,your marriage is still valid and recognized by the state of California.
Inin the case of Strauss v. Hortonthe California Supreme Court held that Proposition 8 did not state that it would have any impact on the marriages of same-sex couples who married in California before Prop 8 passed, and therefore could not affect them. If you married in California during that period, your marriage is completely valid and entitled to full recognition and respect. You don't need to get re-married.
Couples who are legally married in another jurisdiction are recognized California single man for marriage married in California as well, regardless of when they married. Your relationship won't have some other type of status such as a domestic partnership; it will be appropriately treated as a marriage. There is no need for you to remarry in California. Couples who are registered domestic partners are free to decide whether or not they wish to marry.
Those who do wish to marry must go through the formal legal steps required for any couple in California to legally marry. Domestic partnerships still exist under current California law. The California domestic partnership statutes permit an individual to be both married and in a registered domestic partnership, so long as it is to the same person. Being married will protect you if you travel or move to another state that will recognize amarriage but not a domestic partnership.
Before you marry your current partner, you need to terminate or dissolve the legal relationship first.
If you are in a civil union or registered domestic partnership with another person, any marriage to a second person will be invalid. Consult an attorney if you have questions about how to terminate a legal relationship with a former partner. In addition, at least eleven American Indian tribal nations explicitly allow same-sex couples to marry. The government may not discriminate against same-sex couples by barring them from civil marriage — a legal institution established and regulated by the government. Religious institutions and clergy members remain free to decline to perform marriages of anyone they want.
Some faiths do not permit same-sex couples to marry within that faith; however, a growing do. Under current California law, California single man for marriage couples regardless of their sexual orientation may choose to be married by a clergy person in a welcoming community of faith or by a civil servant such as a judge or authorized deputy. Civil servants otherwise required to issue s for civil marriages may not refuse to do so because of personal beliefs or religious objections.
When clerks review marriage applications, they act on behalf of the State of California. For that reason, they may not treat one group of applicants differently from another group solely because of personal religious objections. California law does not permit business establishments that provide goods or services to the public to discriminate on the basis of sexual orientation, gender identity, gender expression or marital status.
This prohibition on discrimination applies regardless of the religious beliefs of a business owner or employee.
Note, however, that this anti-discrimination protection may not apply to some private, membership-based clubs and organizations that are not generally open to, and do not serve or conduct business transactions with, the general public.
Generally, no. California law prohibits employment discrimination based on sexual orientation, gender identity, gender expression, and marital status. However, if your employer or prospective employer is a religious corporation or association, the answer may, in some limited circumstances, be more complicated. California law prohibits housing discrimination based on sexual orientation, gender identity, California single man for marriage expression, and marital status.
California prohibits adoption and foster care agencies from discriminating on the basis of sexual orientation and gender identity. However, international adoption follows different rules, and many countries do not allow gay prospective parents to adopt.
Because DOMA Section 3 has been held unconstitutional, there is a legal means for you or your spouse to apply for permanent immigrant status in the U. So, in many cases, if you are married or get married, you can sponsor your spouse or your spouse can sponsor you for a green card that is, legal permanent residence. However, immigration law is very complicated and you should speak with a qualified attorney before marrying or filing any marriage based immigration petitions or adjustment of status application.
Options for families will vary from case to case, based upon a of factors, including: whether you and your partner are together or a part; whether you are living together in the United States or abroad; whether you and your partner have married; and for families together in the United States, whether the non-U.
You and your partner are strongly encouraged to speak with a qualified immigration attorney to get legal advice before taking steps to marry or seek out an immigration benefit. This FAQ doesn't address every circumstance in which same-sex bi-national couples may find themselves. But there are other FAQs that do. Please go to www. Same-sex couples in bi-national relationships should consult an immigration attorney before getting married in California or another jurisdiction.
Generally no. With respect to benefits, California law forbids employers from discriminating on the basis of sexual orientation or gender identity when administering most employment benefits. In addition, federal employment law bars employers from providing their workers unequal benefits based on their sex, which should protect those married to a same-sex spouse.California single man for marriage
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Options to End Marriage or Domestic Partnership