Bill that addresses status of out-of-state same-sex marriage passes committee

Today a bill that seeks to address the ambiguous status of out-of-state same-sex marriages in California passed its first Assembly Judiciary Committee hearing today by a 7-3 vote. Introduced by state Senator Mark Leno (D-San Francisco) and sponsored by EQCA, the legislation would provide definitive answers to the legal limbo such couples are currently experiencing.

When same-sex marriage became legal last summer, marriages performed outside the state were also recognized as valid.

But unlike the 18,000 same-sex couples that received California marriage licenses, there was no mechanism for out-of-state couples to register their newly legal marriages.

Then there was that whole Prop 8 fiasco.

While the California Supreme Court determined that the same-sex marriages performed prior to November 5, 2008 were valid, the Court also claimed that it was not within their power to address whether same-sex couples married in another jurisdiction were entitled to have their marriage recognized in California.

In response to this injustice, Senator Leno wrote Senate Bill 54, a law that would make same-sex marriages performed outside of California before Prop 8 recognized as valid.

The legislation would also ensure that out-of-state same-sex marriages from this point forward would receive the same benefits as married couples, but they would not have the title of marriage.

The bill is co-authored by the three other members of the LGBT Legislative Caucus: Senator Christine Kehoe (D-San Diego), Assemblymember Tom Ammiano (D-San Francisco), and John A. Perez (D-Los Angeles).