California Will Recognize Rights of Same-Sex Couples Married Outside California
Yesterday Governor Schwarzenegger signed SB 54 into law, granting same-sex couples legally married outside of California the same basic rights, benefits and obligations as married couples living in California. This new law ameliorates some of the effects of the voter-approved ban on same-sex marriage that was passed in November 2008 and later upheld by the California Supreme Court. SB 54 amends Section 308 of the California Family Code to provide that California will recognize same-sex marriages validly contracted outside of California, by ensuring that these same-sex couples will have the same rights, protections and benefits, and shall be subject to the same responsibilities, duties and obligations under law as married couples--with the sole exception of having the designation of "marriage" in California.
For California employers, this means that same-sex couples legally married outside of California will need to be afforded the same rights and benefits as registered domestic partners (in 2003, California enacted a law affording registered domestic partners many of the same rights and benefits as married couples). This includes, of course, access to family health insurance plans and the ability to use certain types of leave to attend to the illness of a partner.
To view the text of SB 54, click here.