GETTING MARRIED IN CALIFORNIA
Thanks to the U.S. Supreme Court’s ruling in
Hollingsworth v. Perry
, same-sexcouples in California will very soon have the freedom to marry once again. Prop 8, theCalifornia constitutional amendment that stripped same-sex couples of the freedom tomarry, will soon be off the books and unenforceable.On June 26, 2013, the U.S. Supreme Court ruled that the sponsors of Prop 8 had nolegal right (or “standing”) to appeal the federal trial court’s decision that Prop 8 isunconstitutional because allowing same-sex couples to marry caused them no harm.This historic ruling restores the freedom to marry to same-sex couples in California.Additionally, thanks to the Supreme Court’s ruling in
Windsor v. United States
married couples in California – including same-sex couples – must be treated by thefederal government as married, equally, and with respect. On June 26, 2013, theSupreme Court struck down Section 3 of the so-called Defense of Marriage Act(DOMA), which had required the federal government to treat same-sex couples asunmarried and prohibited them from granting same-sex married couples any of thefederal benefits, protections, responsibilities based on marriage. The Court ruled thatDOMA Section 3 violates our Constitution’s guarantee of equality.
When exactly can same-sex couples in California start gettingmarried again?
The Ninth Circuit lifted the stay preventing California from marrying same-sex coupleson June 28, 2013. All same-sex couples should be able to marry anywhere in Californiabeginning immediately.2.
Will same-sex couples anywhere in California be able to marry?
Yes. The legal order (or injunction) that stops the State of California from enforcingProp 8 applies to state officials throughout the state. This means that Prop 8 cannotbe enforced anywhere in the state. There may be efforts to try to limit the effect of theinjunction to apply to only some parts of the State but we strongly believe that thoseefforts are futile and will not succeed.
What do we have to do to marry in California?
To marry in California, you and your partner must get a marriage license from theoffice of the Registrar-Recorder/County Clerk of any California county, and then have aceremony performed by someone authorized to solemnize marriages in California(such as a judge or clergy member) within 90 days. Both partners must go together tothe county office, fill out the marriage license application, and present a government-