Effective, same sex marriages will no longer be valid in the State of California. Same sex couples that were legally married from June 16-November 4, 2008 will remain valid.

I, however, will be more than happy to celebration your love. As previously stated, I marry love and not genders. Please give me a call so we can discuss your upcoming and union of love.

Below are some very important FREQUENTLY ASKED QUESTIONS REGARDING THE NEW RULING ON SAME SEX MARRIAGES and a link to a www.samesexlaw.com that address legal questions and that I hope you find them helpful.

Please refer to a marriage attorney for legal questions regarding the new ruling and your existing Domestic Partnership Agreement.

Also, click on the link below regarding the legalities of same sex marriages in California:

http://www.samesexlaw.com

Frequently Asked Questions
Marriage for Same-Sex Couples in California

More questions and answers will be added at www.eqca.org/marriage/faq.

Can same-sex couples marry in California?

Yes. On May 15, 2008, the California Supreme Court ruled that barring same-sex couples from marriage is unconstitutional. Beginning as soon as June 16, same-sex couples will be able to marry in California.

Can the court's decision be appealed?

No. The California Supreme Court has the final say in cases brought under the California Constitution, like this case, and there can be no more appeals (this makes me extremely happy!).

Does the court's decision affect the rights of heterosexual couples?

No. The rights of heterosexual couples to marry and the rights and responsibilities of those who are married remain exactly the same. The decision simply ensures equality and fairness for same-sex couples.

Does this ruling require religious groups or clergy members to marry same-sex couples?

No. The court's decision said 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 groups and clergy members remain free to recognize or refuse to recognize marriages within their religion as each sees fit. While some faiths do not permit same-sex couples to marry within that faith, a growing number do. As a result of the court's decisions, same-sex couples 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.

Should we get married now?

Marriage is a serious legal and personal commitment that should not be entered into lightly. Before getting married, couples should educate themselves about the legal consequences of marriage, in addition to other considerations.
Same-sex couples also face some additional considerations that heterosexual couples do not face, due to discrimination by the federal government as well as by a number of states. Deciding whether to marry is an important decision for everyone, gay or straight, but lesbian and gay couples have to be prepared for and be willing to take on those additional challenges.

A period of legal uncertainty is likely. For example, if you marry in California, you cannot be certain whether your marriage will be respected if you live in, travel to, or move to a state that has laws or constitutional amendments limiting marriage to heterosexual couples.

In addition, current federal law prohibits the federal government from recognizing marriages of same-sex couples for purposes of the many federal rights and benefits given to married heterosexual couples, such as the right to file joint federal income taxes and the right to social security benefits as a surviving spouse. Being excluded from these federal protections, and often state protections as well, is a serious hardship and can cause significant legal problems.

Important Note: Binational couples in which one member does not have permanent legal resident status in this country and anyone serving in the U.S. military should consult with an attorney with expertise in these areas of law before getting married.

If we're already in a registered domestic partnership in California, do we have to dissolve our domestic partnership before we can marry?

No. 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. In addition, there may be legal protections that are available through domestic partnership but not through marriage. For example, some states that will not honor marriages of same-sex couples may honor domestic partnerships.

Do you have to be a California resident to marry in California?

No. There is no residency requirement to marry in California.

If my partner and I are from another state and marry in California, will our marriage be valid in our home state?

If you live in another state and get married in California, you will be legally married. However, depending on where you live, your home state may not respect your marriage. Many states have passed discriminatory marriage laws, and in those states, state and local governments likely will not respect your California marriage. But even in those states, it is highly likely that at least some private businesses and other private third parties will respect your marriage - particularly those that already recognize same-sex couples through domestic partnership or a similar system.

Marriage is a serious legal decision, and same-sex couples face additional challenges and questions because of continuing discrimination against married same-sex couples by the federal government and many states. We urge couples who are considering getting married in California to proceed with caution. Before getting married in California, you should educate yourselves about the law in your state and, if possible, consult an attorney about the best way to protect your relationship based on your circumstances.

Can we file lawsuits if our marriages are not respected in other states or by the federal government?

If you feel you have been discriminated against, please contact one of the LGBT legal organizations listed on this document. We can help you figure out what options you have to protect your rights. Some types of unfair treatment can be the basis of a lawsuit, and other times the unfairness may not be suitable for a court to address. Even when litigation is an option, it is not the only option. It is always necessary to weigh the chances of success or failure because bad results in lawsuits can cause set backs and hurt our entire community. We want to increase the chances of winning overall, so it is critical that we work together to have a carefully planned strategy. Together, we can win!

What do we have to do to marry in California?

First you need to get a marriage license from the office of the Registrar-Recorder/County Clerk of any California county. You can get a license application from most counties' websites and complete it in advance, or complete it in the county clerk's office. Both of you must go together to the county office 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.) You'll need to pay the license fee, which varies by county but generally is less than $100. The license will be valid for 90 days and your marriage can be performed anywhere in California. Neither a blood test nor a health certificate is required. Call ahead or visit the county's website to learn the hours and locations of the county offices that issue licenses.

Who can marry us?

In California, clergy members, active and retired judges and court commissioners, and the Commissioner and Deputy Commissioners of Civil Marriages are authorized to perform legal marriages. The Commissioner and Deputy Commissioners of Civil Marriages perform marriage ceremonies by appointment at designated county offices. There is a fee, which generally is less than $50. Call ahead or visit the county website for more information.
Any couple wishing to marry can also have a friend deputized to perform their marriage ceremony through a county "Deputy Commissioner for a Day" program. If you choose this option, you will need at least two months advance notice and the person to be deputized to perform your ceremony will have to pay a fee and visit the county office in person to be sworn in. Visit the county website to see if your county has this program. If it does not, check whether a nearby county will deputize an out-of-county resident.
The person who performs your ceremony must complete and sign your marriage license after the ceremony. In addition, at least one witness 18 years old or older must sign the marriage license.

The license then becomes your marriage certificate, which has to be returned promptly to the county for filing.

What happens if we marry in California and then wish to divorce?

The only legal way to end a marriage is to get a divorce. If you marry in California and live in California, you can divorce by filing a petition with a California court. However, if you move to another state, or if you already live in another state, getting a divorce could be difficult. Currently, the only state other than California in which same-sex married couples have an established right to divorce is Massachusetts; however, Massachusetts has a one-year residency requirement before a person can petition a Massachusetts court for a divorce. States with civil unions or comprehensive domestic partnerships, like Connecticut, New Hampshire, New Jersey, Oregon, and Vermont, may also allow married same-sex couples to divorce, but those states also have one-year residency requirements. That means that at least one spouse must be a resident of the state for a year prior to the divorce.

Couples who are unable to obtain a divorce remain legally married. Therefore, being unable to divorce may cause serious legal problems and complications for same-sex couples who find themselves in this situation.

It is indeed one of life’s finest experiences when a chance relationship grows into a permanent bond of love. This meeting and this growing are what brings couples together in a commitment ceremony.

My principle role as a wedding officiant/celebrant, is to celebrate and unify love between two persons, not genders. Although there are no legal benefits to a commitment ceremony, a commitment ceremony can transcend and bond your love in a more permanent nature in your hearts and the eyes of the community. I truly believe that same sex commitment ceremonies create a union that is a sign of hope in a somewhat intolerant society.

Also, as a Notary Public, I can be instrumental in notarizing your Domestic Partnership Agreement and incorporating the signing as part of your commitment celebration.

I will be happy to meet with you to discuss your and your partner's vision of your commitment ceremony. Nothing will bring me more joy than to pronounce you partners in life, for life!

Domestic Partnership laws can be very confusing, so make sure you fully understand the laws before entering into any binding contract.

Below you'll find information on Domestic Partnership Agreements and how they apply to the State of California.

California (1999 - expanded 2002)
See article: California: Domestic Partner Registration

http://www.ss.ca.gov/dpregistry/

For Domestic Partnership Form: http://www.sos.ca.gov/dpregistry/forms/sf-dp1.pdf

For same-sex couples who are 18 or older,
opposite-sex couples who are 62 and older; all
must be not related by blood, or marriage, live
together and accept responsibility for each
other’s living expenses; as of July 1, 2003, 20,319 have registered; $10 fee.

Originally the registry provided for a division
of property in the event of a break-up, could be used as an affidavit of partnership by the
California Public Employees Retirement System to extend health coverage to member’s partners, and allowed recognition for hospital visitation but not medical decisions; benefits from this registration were expanded on Oct. 14, 2001 to include making medical decisions for incapacitated partners, sue for wrongful death, adopt a partner’s child, will property to a partner, allow an individual to relocate with a domestic partner without losing employment benefits, use sick leave to care for a family member, and administer a partner’s estate.

Civil Unions, Domestic Partnership & Gay Marriage

Benefits of Gay Domestic Partnership

What Is Domestic Partnership?

California law grants domestic partnership to same-sex couples that are:

At least age 18, unmarried, and not in another domestic partnership
Share a residence
Agree to be jointly responsible for one another's basic living expenses
Not be related in a way that would prevent them from legally marrying one another under California law
California Domestic Partnership vs. Vermont Civil Unions

Benefits of Domestic Partnership Under California Law:

tort claims for spouses of injured or deceased people, including negligent infliction of emotional distress and wrongful death.
Stepparent adoption.
Continued health coverage for domestic partners and their dependent children upon the death of a covered state or local government employee.
death benefits and survivors' allowances for covered domestic partners in San Francisco (and San Mateo County if approved by its county board of supervisors).
Health care decision-making on behalf of patients in some circumstances.
Domestic partnership coverage options that group health care and disability plans must offer employers and associations whose plans cover spouses.
Family and bereavement leave.
Conservatorship, property transfer, revocation of bequests, statutory wills, and some estate administration rules.
Personal income tax deductions for health insurance costs.
Unemployment eligibility when an employee quits a job to accompany a relocating domestic partner.
Disability claims-filing authority on behalf of incapacitated partners.

Benefits of Domestic Partnership Under New Jersey Act:

Click here to read the benefits of New Jersey's Domestic Partnership Act. Also learn how to apply for domestic partnership under New Jersey law.

Benefits of Domestic Partnership Under District of Columbia (D.C.) Law:

Hospital visitation rights.
Domestic partnership registry in the mayor's office.
Health insurance coverage for partners of district government employees.
Family or bereavement leave.

Benefits of "Reciprocal Beneficiary" Relationships Under Hawaii Law:

Any two unmarried people who are legally prohibited from marrying under state law (i. e., close relatives and same-sex couples) can register and qualify for some benefits that were previously available only to married couples.
Hospital visitation privileges.
Authority to sue for wrongful death.
Family and bereavement leave.
Treatment as spouses under some inheritance laws.

Benefits of Domestic Partnership Under Maine Law:

Health care coverage.

Forms of Domestic Partnership in the United States

In the United States, there are generally two kinds of domestic partnership.

The first is an arrangement that results in benefits, such as medical insurance, bereavement leave, joint housing, or family discounts, from one of the partners' employers or other entities such as academic institutions or commercial enterprises.

These arrangements are decided on individually by each company or other entity, and may require the individuals to register with a domestic partnership registry or sign an affidavit agreeing to joint financial responsibility and swearing to have lived together for up to a year prior to the domestic partnership agreement. These requirements are not imposed on married couples. Additionally, the financial value of any benefits granted by the company is subject to taxation, which is also not true for married couples.

A number of local and state governments, including California, Connecticut, Delaware, District of Columbia, Iowa, Massachusetts, New York, Oregon, Vermont, Washington, and Wisconsin, offer domestic partnership benefits to their employees, as does the federal government for civil service employees.

The second kind of domestic partnership in the United States is conferred by states or localities upon individuals. These registries grant a variety of privileges, often including the ability to visit a partner in the hospital if he or she is incapacitated, but usually fall far short of marriage. For instance, medical decision-making is often not granted, nor are the benefits applicable outside the jurisdiction where they are granted.

Some localities grant more expansive benefits, such as eliminating property transfer taxes or requiring local businesses to provide medical benefits for partners. This type of domestic partnership is usually granted by a town, city, or county, but some states have created state-wide domestic partnerships as well. These include California and Hawaii. Vermont offers a Civil Union, which is similar to the most expansive domestic partnership laws.

Limitations

However, no matter how expansive the domestic partnership offered, states can not grant immigration rights, the ability to collect social security benefits after the death of a partner, the ability to file jointly for federal taxes, and hundreds of other federal benefits routinely granted to opposite-sex married couples, such as property transfers free of federal taxes, certain procedures at federal court trials, veterans' pensions, and agricultural loans.

Additionally, domestic partnerships can not be transported to other states and dissolving them often involves lengthy residencies in the state where they were granted.

Indeed, many areas that grant domestic partnerships do not even have a procedure established for dissolving them. Without being able to dissolve a domestic partnership, individuals can be left unable to register a new partner for benefits. Moreover, if a domestic partnership becomes violent or coercive, the lack of easy escape options can also exacerbate the abuse.

Another problem with domestic partnerships is that the requirement for joint financial responsibility can leave a partner liable for the other partner's finances without an equitable distribution of joint finances or child custody.

In some instances, domestic partnership policies apply only to same-sex couples. However, some policies also apply to unmarried heterosexual couples, particularly to elderly ones who may wish to have certain benefits without getting into complicated tax situations. For instance, California's laws apply to all same-sex couples over the age of eighteen, but include heterosexual couples only if they are over 62.