Frequently asked questions

No. The decision was based on the California Constitution, and the California Supreme Court has the final say in cases brought under the California Constitution.

Does the court’s decision affect the rights of heterosexual couples?

No. The rights of heterosexual couples to marry and the rights and responsibilities of those who are married remain exactly the same.

Does this ruling require religious groups or clergy members to marry same-sex couples?

No. The court’s decision said the government may not discriminate against same-sex couples by barring them from civil marriage.

For same-sex couples in bi-national relationships, will getting married in California permit a non-U.S. citizen to gain legal permanent residence in the United States?

No. Immigration is governed exclusively by federal law, which currently does not recognize same-sex marriages for purposes of any federal rights or benefits.

Will couples who are registered domestic partners in California automatically become married?

No. Couples who are registered domestic partners must go through the formal legal steps required for any couples in California to legally marry.

Will domestic partnerships in California continue to exist?

Yes. Domestic partnerships still exist under current California law.

Does the court’s new decision mean that the 2004 marriages in San Francisco marriages are now legally recognized?

No. Those marriages remain invalid, and those couples would have to remarry.

If my partner and I were legally married in Massachusetts or Canada, will our marriage now be recognized in California?

Yes. When the court’s ruling goes into effect, couples who legally married in another jurisdiction will be recognized as married in California as well.

Do domestic partners need to dissolve the partnership before marrying?

No. The California domestic partnership statutes permit an individual to be both married and in a registered domestic partnership, so long as it is to the same person.

Is there any reason for couples who marry to also remain in a domestic partnership?

Yes. Being in a registered domestic partnership may protect you if you travel or move to another state that will recognize a domestic partnership but not a marriage.

Can out-of-state couples marry in California?

Yes. There is no residency requirement to marry in California.

If my partner and I are from another state and marry in California, will our marriage be valid in our home state?

If you live in another state and get married in California, you will be legally married. However, depending on where you live, your home state may not recognize your marriage.

Will the federal government recognize marriages of same-sex couples who marry in California?

No. Under current federal law, the federal government does not recognize marriages of same-sex couples. This means that married same-sex couples currently do not have any of the rights, benefits, or protections that federal law gives to married heterosexual couples, such as the ability to file joint federal income taxes or receive federal spousal benefits through social security or other federal programs.

What happens if we marry in California and then wish to divorce?

The only legal way to end a marriage is to get a divorce. In order to divorce in California, at least one of the parties be a resident for at least six months and of the county in which the divorce is filed for three months before filing a divorce petition. Currently, the only state other than California in which same-sex married couples have a clearly established right to divorce is Massachusetts; however, Massachusetts has a one-year residency requirement before a person can petition a Massachusetts court for a divorce. New York law appears to respect same-sex couples’ out-of-state marriages even though same-sex couples cannot yet marry in that state. So, married gay and lesbian couples should be able to petition for divorce in New York; however, New York also has a residency requirement.

— Information courtesy of Marriage Equality California