Junior Rasmussen
Lesbian weddings are currently legal in California. However, this has not always been the case. California has been a key player in progressing LGBTQ+ rights, but the journey has not been linear. In 2000, Proposition 22 was passed, defining marriage as a union between a man and a woman. In 2004, San Francisco Mayor Gavin Newsom allowed gay marriage to be officiated within the city, and in 2005, a state law was enacted requiring agencies to give the same rights to domestic partners that heterosexual couples receive. In 2008, same-sex marriage was legalised for five months until voters approved Proposition 8, a ban on same-sex marriage. This proposition was later deemed unconstitutional, and in 2013, gay marriage was permanently legalised in California. Today, lesbian couples in California have the same Federal and State rights as heterosexual couples, including the right to adopt and access artificial insemination. They are also protected by law from discrimination in areas such as employment and wedding services.
| Characteristics | Values |
|---|---|
| Lesbian weddings legal in California? | Yes |
| Year same-sex marriage was legalized in California | 2013 |
| Year same-sex marriage was first temporarily legalized in California | 2008 |
| Same-sex marriage legal across the US | 2015 |
| Religious institutions required to perform same-sex marriages | No |
| Civil servants allowed to discriminate against same-sex couples | No |
| Private businesses allowed to discriminate against same-sex couples | No |
| Private clubs and membership-based organizations allowed to discriminate against same-sex couples | Yes |
| Employers allowed to discriminate in hiring practices, benefits, and other interactions with employees | No |
| Religious corporations allowed to discriminate against same-sex spouses in hiring practices and benefits | In some rare cases, yes |
| Same-sex couples allowed to adopt in California | Yes |
| Same-sex couples allowed to undertake surrogacy contracts | Yes |
| Same-sex couples allowed to be in a domestic partnership and marriage | Yes |
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What You'll Learn
Lesbian marriage legality in California
Lesbian marriage is currently legal in California. However, this has not always been the case, and it has been a long journey to achieve this right.
In 2000, Proposition 22 was introduced, defining marriage as "the union of a man and a woman as the only valid or recognisable form of marriage". This was deemed unconstitutional in 2008, and in May of that year, same-sex marriage was briefly legalised. However, in November 2008, Proposition 8, the "Marriage Protection Act", was passed with 52% of the vote, banning same-sex marriage once again.
During this brief period of legality, 18,000 same-sex couples were married. These marriages were later affirmed to be valid and recognised as such by the state.
In 2013, marriage equality advocates brought a lawsuit against Proposition 8, which was ultimately ruled unconstitutional by the US Supreme Court, as it discriminated against gay and lesbian couples. This decision permanently legalised same-sex marriage in California.
California is now seen as one of the most progressive states in the US regarding LGBTQ rights. Same-sex couples in California generally receive the same Federal and State rights as heterosexual couples. Religious institutions are not required to perform same-sex marriages, but civil servants who officiate marriages are legally prevented from discriminating. Businesses that serve the public, such as florists and bakeries, cannot discriminate against same-sex couples. California law also prohibits employment discrimination based on sexual orientation, gender identity, gender expression, and marital status.
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Religious institutions and same-sex marriage
Same-sex marriage has been legal in California since June 28, 2013. The journey to legalisation was a long and complex one, with several setbacks along the way. The state first issued marriage licenses to same-sex couples from June 16, 2008, to November 5, 2008, after the Supreme Court of California found in the case of In re Marriage Cases that barring same-sex couples from marriage violated the state constitution. However, the issuance of such licenses was halted due to the passage of Proposition 8, a state constitutional amendment banning same-sex marriages. It took several years of legal battles before same-sex marriage was permanently legalised in the state.
While same-sex marriage is now legal in California, religious institutions and clergy members are not required to perform these marriages. The First Amendment protects the right of religious institutions to decide whether or not to consecrate same-sex marriages. Religious institutions and clergy members have the freedom to decline to perform marriages for anyone they choose. Some faiths continue to oppose same-sex marriage and refuse to perform these ceremonies, while a growing number of faiths have become more welcoming and accepting.
Civil servants who officiate marriages are legally prevented from discriminating against same-sex couples. They are required to issue marriage licenses to all eligible couples, regardless of their sexual orientation. When clerks review marriage license applications, they act on behalf of the State of California and must treat all applicants equally, regardless of personal beliefs or religious objections. This also applies to other government officials, such as judges and authorised deputies, who may solemnise marriages.
While religious institutions have the right to decline to perform same-sex marriages, they are generally not allowed to discriminate in other areas. California law prohibits employment discrimination based on sexual orientation, gender identity, gender expression, and marital status. However, there may be some exceptions for religious corporations or associations, which in certain limited circumstances may have more flexibility to make employment decisions based on religious beliefs. Similarly, while religious institutions cannot deny benefits to same-sex spouses, there may be some narrow instances where they can refuse to hire LGBT individuals or provide certain benefits.
Overall, while California has legalised same-sex marriage, it also respects the religious freedoms of institutions and clergy members who may have objections. The state strives to balance the rights of same-sex couples to marry with the religious freedoms guaranteed by the First Amendment.
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Discrimination protections for LGBTQ+ people
Lesbian weddings are legal in California, and same-sex couples receive the same Federal and State rights as heterosexual couples. This has been the case since 2013, when the U.S. Supreme Court ruled that Proposition 8, which had banned same-sex marriage in California, was unconstitutional and discriminated against gay and lesbian couples.
California has been a key player in progressing LGBTQ+ rights, and the state offers a variety of protections for LGBTQ+ people. In the area of employment, California law bans discrimination based on "actual or perceived" sexual orientation, gender identity, and/or gender expression. This means that individuals are protected even if their employer is mistaken about their identity. It is also illegal to discriminate against someone because they associate with an LGBTQ+ individual. Employers are required to respect all gender identities and expressions and must provide health plans that cover medically necessary gender-affirming care.
In terms of education, California law recognises the right of students to learn about and teach LGBTQ+ history. Students also have the right to use the restroom that aligns with their gender identity and to participate in sports teams that correspond with their gender identity. Schools are generally prohibited from disclosing a student's sexual orientation or gender identity to their parents, unless there is a very good reason for doing so.
In California, LGBTQ+ individuals are also protected from discrimination in public accommodations and housing. It is illegal for businesses and government entities to discriminate against individuals on the basis of sex, gender identity, gender expression, sexual orientation, and transgender status. Additionally, the federal Fair Housing Act prohibits discrimination in housing on the basis of sexual orientation and gender identity, which is considered a form of sex discrimination.
Overall, California offers a range of legal protections for LGBTQ+ individuals, ensuring their equal rights and treatment in various aspects of life, including marriage, employment, education, and housing.
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Same-sex marriage history in California
Same-sex marriage has been legal in California since 2013, but it has not always been so. California has been a key player in progressing LGBT rights, but the journey has not been linear.
In 2000, California introduced Proposition 22, which passed with 61% of the vote. This proposition deemed that only marriages between a woman and a man were valid. Same-sex marriage was not yet legal, but this created a barrier to prevent future laws that would allow it. Proposition 22 was authored by Senator Knight and was dubbed the "Knight initiative", linking it to the failed Briggs Initiative of 1978, which aimed to ban gays and lesbians from working as teachers in California's public schools.
In February 2004, San Francisco Mayor Gavin Newsom took a bold step and allowed gay marriage to be officiated within the city. From February 12 to March 11, 2004, officials in San Francisco issued marriage licenses to approximately 4,000 same-sex couples, despite it being illegal at both the state and federal levels.
On August 12, 2004, the California Supreme Court held that the city lacked the authority to issue marriage licenses to same-sex couples and invalidated the licenses already issued. However, the court declined to rule on whether excluding same-sex couples from marriage violated the state constitution. This sparked several lawsuits, including City and County of San Francisco v. State of California, Tyler vs. State of California, and Woo and Chung v. Lockyer, all challenging the state's ban on same-sex marriage.
In March 2005, Judge Kramer ruled that California statutes limiting marriage to opposite-sex couples were unconstitutional. Consolidated lawsuits against the state government in favor of same-sex marriage eventually reached the Supreme Court of California. On May 15, 2008, the court overturned the state's ban on same-sex marriage, and this ruling took effect on June 16, 2008.
However, the battle for marriage equality was not over. On November 4, 2008, Proposition 8, a state constitutional amendment titled "Eliminates Right of Same-Sex Couples to Marry Act", passed with a 52% majority, making same-sex marriages illegal in California once again. This proposition was supported by organizations such as the Church of Jesus Christ of Latter-day Saints, which donated $20 million to the campaign.
The fight for marriage equality continued, and on August 4, 2010, U.S. District Court Chief Judge Vaughn Walker declared Proposition 8 a violation of the Due Process and Equal Protection clauses of the U.S. Constitution. This decision was upheld by the Ninth Circuit Court of Appeals on February 7, 2012. The case eventually reached the U.S. Supreme Court, which in 2013, ruled Proposition 8 unconstitutional, as it discriminated against gay and lesbian couples.
Same-sex marriages were able to resume in California in 2013, and today, gay and lesbian couples may legally marry in the state, with the same Federal and State rights as heterosexual couples. Religious institutions are not required to perform same-sex marriages, but civil servants who officiate marriages are legally prevented from discriminating.
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Legal rights of married lesbian couples
Lesbian couples in California have been able to marry since 2013, when the U.S. Supreme Court ruled that Proposition 8—a state constitutional amendment barring same-sex marriages—was unconstitutional. This ruling restored the effect of a federal district court ruling that overturned Proposition 8 on the basis that it violated the Due Process and Equal Protection clauses of the U.S. Constitution.
In general, married lesbian couples in California receive the same Federal and State rights as heterosexual couples. For example, California law prohibits employment discrimination based on sexual orientation, gender identity, gender expression, and marital status. Most employers are banned from discrimination in hiring practices, benefits, and other interactions with employees.
There are, however, some exceptions. Religious institutions are not required to perform same-sex marriages, although civil servants who officiate marriages are legally prevented from discriminating. Certain private clubs and other membership-based organizations retain the right to turn away customers. Businesses that regularly conduct business with the public, such as florists and bakeries, cannot discriminate. Religious corporations may, in rare cases, deny benefits to same-sex spouses or refuse to hire LGBT individuals.
Lesbian couples in California have access to in vitro fertilization and artificial insemination. State law recognizes the non-genetic, non-gestational mother as a legal parent to a child born via donor insemination. Both gestational and traditional surrogacy arrangements are recognized as valid in the state. Same-sex adoption has been legal since 2003, and all adoption agencies within California may not discriminate against same-sex couples.
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Frequently asked questions
Yes, lesbian couples may legally marry in California. Same-sex marriage was legalized in California in 2008 for five months until voters approved a ban in November of the same year. It was permanently legalized in 2013.
A couple must obtain a marriage license from the county clerk before the marriage. A marriage license in California is valid for 90 days from the date of issuance. After the wedding ceremony, the marriage certificate must be returned to the county clerk within ten days for filing.
Yes, certain restrictions prevent individuals from marrying certain people. For example, it is illegal to marry a blood relative closer than a third cousin.
No, California law is against all forms of discrimination against same-sex couples. Businesses that regularly conduct business with the public, such as florists and bakeries, cannot discriminate. However, private clubs and other membership-based organizations may still retain the right to turn away customers.
