BILL NUMBER: SB 54	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JULY 15, 2009
	AMENDED IN ASSEMBLY  JULY 6, 2009
	AMENDED IN ASSEMBLY  JUNE 30, 2009

INTRODUCED BY   Senator Leno
   (Coauthor: Senator Kehoe)
   (Coauthors: Assembly Members Ammiano  , Brownley,  
Chesbro,   Feuer,   Lieu,  and John A. Perez)

                        JANUARY 15, 2009

   An act to amend Section 308 of the Family Code, relating to family
law.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 54, as amended, Leno. Family law: out-of-state same-sex
marriages.
   Existing law provides that a marriage contracted outside this
state that would be valid by the laws of the jurisdiction in which
the marriage was contracted is valid in this state. Existing case law
provides that, while on and after November 5, 2008, only marriage
between a man and a woman is valid or recognized in California,
marriages of same-sex couples that were performed prior to November
5, 2008, are valid.
   This bill would provide that, notwithstanding any other provision
of law, a marriage between 2 persons of the same sex contracted
outside this state that would be valid by the laws of the
jurisdiction in which the marriage was contracted is valid in this
state if the marriage was contracted prior to November 5, 2008.
   Existing case law also recognizes that while, effective November
5, 2008, same-sex couples lack the right to enter into a relationship
designated "marriage," they possess the right to the core set of
basic substantive legal rights and attributes traditionally
associated with marriage, including, the opportunity of an individual
to establish an officially recognized and protected family
possessing mutual rights and responsibilities and entitled to the
same respect and dignity accorded a union traditionally designated as
marriage.
   This bill would specify that, notwithstanding any other provision
of law, 2 persons of the same sex who contracted a marriage on or
after November 5, 2008, that would be valid by the laws of the
jurisdiction in which the marriage was contracted shall have the same
rights, protections, and benefits, and shall be subject to the same
responsibilities, obligations, and duties under law, as specified, as
are granted to and imposed upon spouses  ,  with
the sole exception of the designation of "marriage."
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 308 of the Family Code is amended to read:
   308.  (a) A marriage contracted outside this state that would be
valid by the laws of the jurisdiction in which the marriage was
contracted is valid in this state.
   (b) Notwithstanding any other provision of law, a marriage between
two persons of the same sex contracted outside this state that would
be valid by the laws of the jurisdiction in which the marriage was
contracted is valid in this state if the marriage was contracted
prior to November 5, 2008.
   (c) Notwithstanding any other provision of law, two persons of the
same sex who contracted a marriage on or after November 5, 2008,
that would be valid by the laws of the jurisdiction in which the
marriage was contracted shall have the same rights, protections, and
benefits, and shall be subject to the same responsibilities,
obligations, and duties under law, whether they derive from the
California Constitution, the United States Constitution, statutes,
administrative regulations, court rules, government policies, common
law, or any other provisions or sources of law, as are granted to and
imposed upon spouses  ,  with the sole exception of
the designation of "marriage."