California permits same-sex marriage. Here’s some additional information to better understand California same-sex marriage.
Same-sex marriage is permitted in California, offering couples the same opportunities as heterosexual couples. California bans discrimination towards same-sex couples in all aspects of life.
California’s Same-Sex Marriage Process
California legalized same-sex marriage in 2013, permitting same-sex couples the same marital process as heterosexual ones. After obtaining a marriage license, the ceremony must be held within 90 days.
A couple must request a marriage license through a county officer using a valid I.D. and must hold a marriage ceremony within 90 days of obtaining the license. After the ceremony, the marriage license becomes a marriage certificate and must be filed with the county office within 10 days.
Related: How to Get Married in California: The Basics
Are Same-Sex Marriages Public Record in California?
California marriage licenses are public records, but counties may offer private marriage licenses, accessed only by spouses or to additional individuals upon request. Information such as where and when the spouses are married may not be included in the record. Private marriage licenses ensure privacy and may be good for spouses uncomfortable with displaying personal information.
Related: Public vs. Confidential Marriage Licenses in California
Residency Requirements to File for Same-Sex Marriage in California
A same-sex couple can get married in California without residency. Couples not residing in California are able to marry within California. A couple’s state of residence must uphold same-sex marriage licenses granted in California. States are federally required to recognize same-sex marriages.
Marriages Granted in California Before 2008
Same-sex marriages carried out before California’s Supreme Court ban in 2008 are legally recognized in all states. Couples do not need to remarry.
Domestic Partnership vs Marriage for Same-Sex Couples in California
Domestic partnerships and marriages are different in California. Domestic partnerships may offer same-sex partners the benefits of marriage without legal commitment. Domestic partnerships are not legally recognized as marriages in California; marriage licenses must be obtained for legal marriage. A couple must not necessarily end their domestic partnership in order to become married. Having both a marriage license and a legal domestic partnership may be advantageous for traveling or moving same-sex couples.
Related: What is a Domestic Partnership in California?
FAQs About Same-Sex Marriage in California
Can Same-Sex Couples Be Discriminated Against?
No, California prohibits discrimination against same-sex couples in:
- Housing
- Employment
- Employment benefits
- Foster Care Opportunity
Where Married Same-Sex Couples Not Be Legally Protected
Countries may not permit same-sex couples to adopt. However, California offers same-sex couples the opportunity to adopt within the state. Private clubs or organizations are not held to the same discriminatory standards and may be able to turn away same-sex couples based on their values. Places such as private members-only wedding venues may exclude same-sex couples.
Can Same-Sex Couples Get Married In A Church?
Yes, in California some churches may be open to holding a same-sex wedding. Churches are not legally required to marry same-sex couples. Plenty of religions accepts and support same-sex marriage. Marriage officiates are banned from discriminating against same-sex couples.
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