How to Do Same Sex Marriage in California

Guide Note

Same-sex marriage is now legal in the state of California. Our guide will explain the steps same-sex couples need to follow to apply for a marriage license, whether you currently live in California or not.

Table of Contents

• Introduction
• The Facts
• Apply for a Marriage License
• Choose an Officiant
• Plan the Wedding
• Conclusion

California Same-Sex Marriage Tips

1. Marriage licenses issued to same-sex couples from June 17, 2008.
2. You do not need to live in California to be married legally in California.
3. You will need valid picture identification to apply for your license, and both partners must apply in person at a county clerk's office.
4. Despite legal marriage in the state of California, same-sex couples will not have certain federal rights (such as filing jointly on your taxes and receiving Social Security benefits).
5. You can have a friend sworn in as an official for the day, with the legal right to perform a marriage.

• by Tracy C.

Introduction

(Creative Commons photo by Kevin D. Clarke)

• In May 2008, the California Supreme Court overturned a prior same-sex marriage ban, legalizing marriage between same-sex couples in the state of California, and opening the floodgates for marriage licenses on June 17, 2008. While some couples (like Ellen DeGeneres and Portia de Rossi) have announced their engagements, others wonder if marriage in California should be the next move.

• Whether you're eagerly planning to make a long-standing relationship legal or simply wondering how you and your partner can tie the knot in California, this page will show you the way.

The Facts

• Before determining that you wish to marry in the state of California, consider these facts about the current legal climate and additional restrictions.

(Creative Commons photo by David Goehring)

1. You do not need to be a California resident to be married in California.
2. Domestic Partnerships continue to be legal in California.
3. The federal government will not recognize same-sex marriages performed in California.
   • Therefore partners cannot, for example, file their taxes jointly or receive Social Security benefits.
4. If you are part of a binational couple, immigration will not be automatic upon marriage. Unlike heterosexual couples, gay and lesbian marriages are not eligible for permanent resident application if one spouse is a citizen and the other is not.
5. Not all states will recognize your marriage in California.
   • Some states may recognize Domestic Partnership instead.
6. There is an initiative scheduled for the November 2008 ballot to add an amendment to the California state constitution to prohibit gay marriage.

Apply for a Marriage License

• You'll need to apply for a marriage license to make your union official.

1. Both you and your partner will need to fill out an application at a Registrar's or County Clerk's office.
   • You may be able to start your application online and simply go in person to verify your identities.
2. Find a County Clerk's office through the California Department of Public Health, look them up in the phone book, or visit this list of California marriage license locations.
3. Both you and your partner will need to show a valid example of picture identification, such as a driver's license, passport, or military ID.
   • You may also need a birth certificate, so check with the county's requirements before heading there.
4. Blood tests are not required for an application to marry.
5. Fees will likely vary by county. In Monterey, for example, it's $75 for a marriage license.
6. If you have been married previously, you may need proof of that marriage's dissolution.
   • Again, review all requirements in your county carefully before making your application.

Choose an Officiant

• You'll need to choose an officiant to marry you who is recognized to do so by the state.

(Creative Commons photo by M. B.)

1. You can be legally married in California by:
   • • A priest, rabbi or minister of any faith
     • A judge or retired judge at the state or federal level, or one who practices in bankruptcy or tax court, or in the U.S. Supreme Court
     • A United States magistrate, in practice or retired
     • A commissioner of civil marriages, practicing or retired
     • A legislator, constitutional officer of the state or member of Congress representing California
2. California Mayor Antonio Villaraigosa has offered to officiate as many same-sex marriages as he possibly can.
3. For a fee, which varies by county (but should be less than $50), you can be married in a county office by a civil commissioner of marriage.¹
4. You can also have a friend marry you by registering in the "Deputy Commissioner for a Day" program, which you can learn more about on different county websites.

• See Mahalo's guide to How to Choose a Wedding Officiant for more ideas.

Plan the Wedding

• Whether you choose a civil ceremony at a courthouse or intend to plan a lavish display for a host of friends and family, it's entirely up to you.

1. For a more elaborate affair, see Mahalo's guides to Weddings, How to Make a Wedding Budget and How to Have a Green Wedding.
2. You may also need the Honeymoon page, or How to Take a Volunteer Honeymoon!
3. Still having doubts about how to ask your partner to share your lives together? Check out How to Propose to Your Partner for creative ideas.

Conclusion

• With only a little advance planning, you can easily obtain a marriage license in California, whether you reside in the state or not. However, if, as sometimes happens, things don't work out, please be aware that there is a residency requirement to end a marriage in California. Before filing for divorce, one partner must live in the state for at least six months, spending three months in the county where filing.²

• Though other states continue to struggle over this issue, the California court's decision noted that marriage is a "basic civil right" that should be enjoyed equally by same-sex couples. As you plan your wedding and organize the necessary documents to obtain a valid marriage license, be sure to talk to friends and family who will want to support your special day. And best wishes!

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Resources for How To Get Married in California

• California Department of Public Health: California Marriage License, Registration and Ceremony Information
• California Department of Public Health: County Registrars
• Ellen Degeneres Show: Ellen's Getting Married!
• The Knot: California Marriage License Locations
• Los Angeles Times: California Supreme Court Overturns Gay Marriage Ban (May 16, 2008)
• Los Angeles Times: L.A. Mayor Villaraigosa Says He Will Officiate at Same-Sex Weddings (May 15, 2008)
• National Center for Lesbian Rights: Marriage for Same-Sex Couples in California
• The New York Times: California Supreme Court Overturns Gay Marriage Ban (May 16, 2008)
• The New York Times: Thinking About California. Maybe Gonna Get Married. (May 18, 2008)

1. ↑ Equality California: Who can marry us?
2. ↑ Equality California: Marriage for Same-Sex Couples in California

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