HRC Blog

Marriage Equality Ban Lifted in California: What’s Next?

The American Foundation for Equal Rights is helping you to navigate the end of Proposition 8 in California. Here are answers to some of the most frequently asked questions.

When can gay and lesbian couples get married in California?

Same-sex couples will be able to marry in California once the Supreme Court’s decision becomes final. Because the Supreme Court has concluded that the Proponents of Proposition 8 do not posses legal standing to appeal the lower court rulings that invalidated Proposition 8 the December 2010 decision Federal District Court that found Proposition 8 unconstitutional is made permanent. The District Court decision will take effect in due course.

Where do I get a marriage license?

You can obtain a marriage license at your local County Clerk’s office.

Do I need to be a California resident to marry in California?

No. You do not need to be a California resident to marry in the state.

I am in a State Registered Domestic Partnership. Can I still get married in California?

Yes, you can get married provided that you are marrying the same person with whom you are registered as a Domestic Partner.

If you were once in a State Registered Domestic Partnership (SRDP) with a person who you are not marrying, you will need to know the specific date your last SRDP ended, and how it ended (death, dissolution, divorce or nullity). Some counties may require a copy of the final judgment if your previous SRDP ended by dissolution or nullity.

I was married in another state or country. Can I still get married in California?

California will recognize your marriage from another state or country. There is no need to get married again in California.

Where else can same-sex couples get married?

Same-sex couples can get married in Connecticut, Iowa, Maine, Maryland, Massachusetts, New Hampshire, New York, Vermont, Washington State, and Washington, D.C. Marriage equality will begin in Delaware on July 1, and in Rhode Island and Minnesota on August 1.

Couples can also get married in eleven countries: Argentina, Belgium, Canada, Denmark, Iceland, France, Netherlands, Norway, Portugal, South Africa, Spain, Sweden, as well as certain jurisdictions in Brazil and Mexico. Marriage equality will begin in Uruguay on August 1, and in New Zealand on August 19.

Find out more at www.afer.org/marriedinca

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