California
California
Relationships
No. The state constitution prohibits marriage between same-sex couples:
- 2000 Same-sex couples are able to register as domestic partners with the state of California. A ballot initiative is passed by voters which selectively amends California law to require the state to discriminate against same-sex couples' lawful marriages while nevertheless recognizing all other out-of-state marriages.
- 2005 California's domestic partner law is expanded to include nearly all rights and responsibilities of spouses under state law.
- 2008 The California Supreme Court rules that the state may no longer exclude same-sex couples from civil marriage and strikes down the 2000 ballot initiative. In November, Prop 8, an antigay ballot initiative to change the California Constitution to eliminate same-sex couples' right to marry, narrowly passes.
- 2009 The California Supreme Court upholds Prop 8 as a valid constitutional change but holds that it does not affect the continuing validity of marriages between same-sex couples celebrated before passage of Prop 8.
- 2010 A federal district court in California holds that Prop 8 violates the equal protection and due process clauses of the federal constitution following a trial on the merits.
- 2012 Ninth Circuit Court of Appeals upholds 2010 federal district court ruling declaring Prop 8 unconstitutional, but on narrower grounds, applying only to California. More information on the case here.
Yes. The state honors marriages of same-sex couples entered before Nov. 5, 2008 (whether entered in California or other jurisdictions) as marriages. Same-sex couples who have married on or after Nov. 5, 2008, in other jurisdictions receive all the state law rights and responsibilities of marriage except the name “marriage.” See Cal. Fam. Code §308.
Yes, marriages performed before Nov. 5, 2008, and domestic partnerships.
The state constitution prohibits marriage between same-sex couples:
- 2000 Same-sex couples are able to register as domestic partners with the state of California. A ballot initiative is passed by voters which selectively amends California law to require the state to discriminate against same-sex couples' lawful marriages while nevertheless recognizing all other out-of-state marriages.
- 2005 California's domestic partner law is expanded to include nearly all rights and responsibilities of spouses under state law.
- 2008 The California Supreme Court rules that the state may no longer exclude same-sex couples from civil marriage and strikes down the 2000 ballot initiative. In November, Prop 8, an antigay ballot initiative to change the California Constitution to eliminate same-sex couples' right to marry, narrowly passes.
- 2009 The California Supreme Court upholds Prop 8 as a valid constitutional change but holds that it does not affect the continuing validity of marriages between same-sex couples celebrated before passage of Prop 8.
- 2010 A federal district court in California holds that Prop 8 violates the equal protection and due process clauses of the federal constitution following a trial on the merits.
- 2012 Ninth Circuit Court of Appeals upholds 2010 federal district court ruling declaring Prop 8 unconstitutional, but on narrower grounds, applying only to California. The U.S. Supreme Court agrees to hear the appeal. More information on the case here.
Workplace
See Cal. Gov. Code §§ 12920, 12940, 12926 and 12949.
All government employees are protected by the U.S. Constitution against irrational discrimination based on sexual orientation or gender identity. In addition, some measure of protection already exists under Title VII based on gender, which has been held to include gender identity and expression.
The U.S. Equal Employment Opportunity Commission (EEOC) and several courts have interpreted Title VII to protect transgender employees, and the EEOC has interpreted Title VII to cover sexual orientation discrimination. The Supreme Court has held that the EEOC's interpretations of Title VII are entitled to "great deference."
Parenting
Expressly permitted statewide by Sharon S. v. Superior Court, 31 Cal. 4th 417 (2003). Statute also permits stepparent adoptions by registered domestic partners. See Cal. Fam. Code § 9000.
State law uses same parentage presumptions for adults in same-sex and different-sex relationships who have and/or raise children together, and also bans sexual orientation and gender identity discrimination against LGBT prospective parents in foster care/adoption.
State law uses same parentage presumptions for adults in same-sex and different-sex relationships who have and/or raise children together, and also bans sexual orientation and gender identity discrimination against LGBT prospective parents in foster care/adoption.
