Post from Alice Kessler, EQCA Government Affairs DirectorIn the aftermath of the California Supreme Court’s decision to uphold Proposition 8, which eliminated the right to marry for same-sex couples, lesbian, gay, bisexual and transgender community members have been grappling with the injustices and uncertainties the discriminatory ban has created.
Although Proposition 8 has produced an irrational, unequal situation for all same-sex couples, it has left same-sex couples who married outside the state especially confused about their rights. After the marriage ban was left intact, thousands of same-sex couples and their families who had married outside of California were left in the dark – the Court didn’t address how Proposition 8 impacted them.
In order to clarify the rights of same-sex couples married outside the state,
Senator Mark Leno (D-San Francisco) introduced the
Marriage Recognition and Family Protection Act, SB 54, sponsored by Equality California.
The bill eases the anxieties of LGBT couples and their families by addressing two key issues. First, it confirms that same-sex couples who married outside of California before the passage of Proposition 8 are entitled to full recognition as married spouses, regardless of whether they married in-state or out-of-state. That rule is consistent with existing law, including the California Supreme Court’s holding in In re Marriage Cases that California cannot treat marriages differently based on whether they were performed in-state or out-of-state.
Second, SB 54 underscores that same-sex couples married outside of California after Proposition 8 passed, must be given all of the rights, protections, and responsibilities of spouses under California law, with the sole exception of the designation of “marriage.”
California residents Alex Ingersoll and his husband Martin Tannenbaum, who were married in Massachusetts last September before Proposition 8 passed, testified before the Assembly Judiciary Committee last week urging legislators to support the bill and addressing the uncertainty they’ve faced ever since the ban passed.
“Imagine if you were married in front of your closest friends and family; shared your joy with your neighbors, congregation and co-workers and then were suddenly told your marriage may not be considered valid. Imagine how upset and confused you would feel,” said Ingersoll. He added, “When we heard the CA Supreme Court’s decision [on Proposition 8] in May, we were deeply disappointed that same-sex couples could no longer wed and since came to learn that the court did not include our marriage in their decision.”
The Marriage Recognition and Family Protection Act will help thousands of same-sex couples such as Alex and Martin navigate this fundamentally unfair system in the wake of Proposition 8. Couples who are visiting or who move to California need and deserve to know that their substantive rights are protected, even if they must suffer the indignity of not being designated as “married” by the state.
At the same time, the sheer need for this legislation underscores the absurd situation that Proposition 8 has created in California. The rights of same-sex couples should not depend on whether they married before or after a particular date. Moreover, whether or not a couple is entitled to have their marriage respected by the government should not depend on whether they married before or after a certain date.
We cannot have one set of laws for some Californians, and another set of laws for others. It is nonsensical that some same-sex couples are recognized as married in every respect, including their formal legal status, and others can only be given the rights and responsibilities of marriage but not the designation of “married.” This is an extremely confusing and demeaning situation, and one that should make all Californians ashamed of the mess we have created in this state by denying equality to some families. We are better than this.
Ultimately, to ensure people are truly treated equally under the law, we must restore the freedom to marry for all Californians. Unless same-sex couples are able to marry, Californians will live under an unequal, flawed and arbitrary system where a minority group can be singled out and stripped of its protections and basic humanity.
--Alice
Cross-posted from California Progress Report