From the enactment of legislation in 1971 to replace gendered pronouns with
gender-neutral pronouns until 1977, the California Civil Code defined marriage as "a personal relation arising out of a civil contract, to which the consent of the parties capable of making that contract is necessary." This definition was uniformly interpreted as including only opposite-sex partners, but, because of worries that the language was unclear,
Assembly Bill No. 607, authored by Assemblyman Bruce Nestande, was proposed and later passed to "prohibit persons of the same sex from entering lawful marriage." The act amended the Civil Code to define marriage as "a personal relation arising out of a civil contract between a man and a woman, to which the consent of the parties capable of making that contract is necessary." Opponents of the bill included Assemblyman
Willie Brown (who authored the repeal of California's sodomy law in 1975) and Senator
Milton Marks. The bill passed 23–5 in the state Senate and 68–2 in the Assembly. It was signed on August 17, 1977, by Governor
Jerry Brown. In 1985, the city of
Berkeley became the first governing entity in the state to recognize same-sex couples legally when it enacted its domestic partnership policy for city and school district employees. The term "domestic partner" was coined by city employee and gay rights activist
Tom Brougham, and all other domestic partnership policies enacted in the state in the years since are modeled after Berkeley's policy. California has provided benefits to same-sex partners of state employees since 1999. Through the
Domestic Partnership Act of 1999, California became the first state in the United States to recognize same-sex relationships in any legal capacity. As of the
California Domestic Partner Rights and Responsibilities Act of 2003 (effective January 1, 2005), same-sex civil unions or domestic partnerships performed in other states or countries are considered equivalent to California's domestic partnerships.
Proposition 22, an initiative passed by voters in 2000, forbade the state from recognizing same-sex marriages. This initiative was struck down in May 2008 by the California Supreme Court in
In re Marriage Cases, but a few months later,
Proposition 8 reinstated California's ban on marriages for same-sex couples. During the time between the California Supreme Court decision and passage of Proposition 8, the state allowed for tens of thousands of marriage licenses to be issued to same-sex couples.
Strauss v. Horton affirmed that those marriages were still valid after the passage of Proposition 8. In 2010, a federal district court in
Perry v. Schwarzenegger determined that Proposition 8 was unconstitutional due to violations of the Due Process and Equal Protection clauses of the
Fourteenth Amendment to the United States Constitution, but the
United States Court of Appeals for the Ninth Circuit ordered a stay of the judgement pending appeal. In February 2012, a three-judge panel of the
U.S. Court of Appeals for the Ninth Circuit upheld the district court's holding in
Perry v. Schwarzenegger that Proposition 8 was unconstitutional, although on narrower grounds. Proposition 8 proponents sought rehearing en banc (meaning review of the decision by a larger panel of Ninth Circuit judges) but this was denied in June 2012. The proponents then petitioned the
U.S. Supreme Court to review the Ninth Circuit's decision, and it agreed to do so on December 7, 2012. The Supreme Court issued its ruling on June 26, 2013, effectively upholding the lower courts' determination that Proposition 8 was unconstitutional but doing so on procedural grounds without directly addressing the constitutionality of the measure. Two days later, the lifting of a stay by the
U.S. Court of Appeals for the Ninth Circuit allowed same-sex couples to recommence marrying in California.
Efforts were underway for a 2012 referendum to repeal Proposition 8 and amend the State Constitution to allow same-sex couples to marry. However, in February 2012,
Love Honor Cherish, the organization gathering signatures for that potential ballot initiative, canceled the effort in light of the fact that the
Perry lawsuit was going well for the pro-equality side and an expensive ballot campaign appeared unlikely to be necessary.
SB 1306, introduced in February 2014 by Senator
Mark Leno and signed by Governor
Jerry Brown in July 2014, updated the Family Code to reflect same-sex marriage in California. It removed unenforceable and discriminatory language against same-sex couples, such as Proposition 22 (2000) and
AB 607 (1977), and also modernized the entire code by replacing references to "husband" and "wife" with "spouse(s)".
The Marriage Recognition and Family Protection Act On October 12, 2009, following the passage of Proposition 8, Governor Arnold Schwarzenegger signed into law
The Marriage Recognition and Family Protection Act (
SB 54), legislation proposed by State Senator
Mark Leno. The bill established that some of the same-sex marriages performed outside the state are also recognized by the state of California as "marriage", depending on the date of the union. Following the passage of Proposition 8, the California Supreme Court Justices affirmed that all same-sex marriages performed in California before the passage of Proposition 8 continued to be valid and recognized as "marriage". The
Marriage Recognition and Family Protection Act also established that a same-sex marriage performed outside the state is recognized as "marriage" if it occurred before Proposition 8 took effect. This category also includes same-sex marriages performed before same-sex marriage became legal in California. The act also mandates the full legal recognition of same-sex marriages lawfully performed outside of California after the passage of Proposition 8, with the sole exception that the relationship cannot be designated with the word "marriage". The law provides no label to be used in place of "marriage" to describe these relationships; they are not "domestic partnerships". The legislation removed the statutory reference to marriage as a union "between a man and a woman" from the state's
Family Code and updated the law with gender-neutral terms to apply to same-sex marriages as well as heterosexual ones. During its passage, some concern was expressed that, by repealing the same-sex marriage ban,
SB 1306 breached the separation of powers as the
State Assembly would be repealing an initiative passed by the voters. However, the consensus of the Assembly Judiciary Committee was that the voters are no more able to pass an unconstitutional, and subsequently enjoined, statute any more than the Assembly can. In light of
In Re Marriage Cases and
Hollingsworth v. Perry, which collectively forbade the enforcement of any law which would prohibit same-sex couples from marrying, it was determined by the Assembly Judiciary Committee that the Assembly has the capacity to repeal enjoined statutes.
SB 1306 was approved by the Senate Judiciary Committee 5–2 on April 8, 2014. On May 1, 2014, the
California State Senate passed the bill on a 25–10 vote. On June 30, it passed the Assembly in a 51–11 vote. It was signed by the Governor on July 7, 2014, and took effect on January 1, 2015. The definition of marriage in California is now the following:
SB 1005 (2016) In April 2016, the state Senate voted 34–2 to approve
SB 1005, a bill introduced by Senator
Hannah-Beth Jackson that updated California law similarly to
SB 1306. The California lower house approved the bill by a vote of 63–1 with amendments, and passed the state Senate by a vote of 34–0. The bill became both engrossed and enrolled, meaning it passed both houses in the same form. The bill was signed into law by Governor Jerry Brown, and went into effect on January 1, 2017.
Same-sex conjugal visits In June 2007, the California Department of Corrections announced it would allow same-sex conjugal visits becoming the first state to do so. The policy was enacted to comply with a 2005 state law requiring state agencies to give the same rights to domestic partners that heterosexual couples receive. The new rules allow for visits only by registered domestic partners or same-sex married couples who are not themselves incarcerated. Further, the domestic partnership or same-sex marriage must have been established before the prisoner was incarcerated.
Video tapes In November 2021, video tapes from the
Proposition 8 trials were finally released to the public by a
court order - straight from the
Ninth Circuit Court of Appeals jurisdiction. ==Adoption, surrogacy and family planning==