Consent alone does not constitute marriage. Consent must be followed by the issuance of a license and solemnization as authorized by this division, except as provided by Section and Part 4 commencing with Section Two unmarried persons of the age of 18 years or older, who are not otherwise disqualified, are capable of consenting to and consummating marriage. No priest, minister, or rabbi of any religious denomination, and no official of any nonprofit religious institution authorized to solemnize marriages, shall be required to solemnize any marriage in violation of his or her right to free exercise of religion guaranteed by the First Amendment to the United States Constitution or by Section 4 of Article I of the California Constitution. Assembly Bill. An act to amend Sections , , and of, and to add Section to, the Family Code, relating to marriage.
Learn about the history of same sex marriage and how it became legal in California. Is same sex marriage legal in California? The answer is yes and here is a history of how it became legal. In November of California voters passed what is now the infamous Proposition 8. Proposition 8 declared marriage to be between one man and one woman.
Same-Sex Marriage in California: Legal and Political Prospects
California has been one of the most active battlegrounds in the same-sex marriage debate. Four years later, following the legalization of gay marriage in Massachusetts, San Francisco began issuing marriage licenses to same-sex couples, a move that was quickly rebuked by the state Supreme Court. And in September , the California Assembly became the first state legislature in the nation to deliberately approve same-sex marriages.
The issue of same sex marriage has been hotly debated for quite some time now, especially in California. The issue is far from resolved, and it seems that everyone, from the Mayor of San Francisco to the former Ms. California, has an opinion on whether or not same sex couples should be afforded the right to enter into a legally recognized marriage. The Court also found that the equal protection clause of the Constitution was violated by treating opposite sex relationships as official marriages, but treating same sex relationships as something different. On November 4, , however, Proposition 8 was passed in California and the next day, counties throughout California stopped issuing marriage licenses to same sex couples.