The feud about marriage continued. One solution would have been to call all relationships 'civil contracts' and to allow partnerships or marriage regardless of the genders of the couple? The law found as the basis for invalidating DOMA turned out to be the Fifth Amendment to the Constitution of the United States.
Marriage in California
Section 3 of the Defense of Marriage Act, a law signed into effect in 1996 by President Clinton, was held to be unconstitutional in United States v. Windsor. Justice Kennedy wrote in the majority opinion: 'By seeking to displace this protection and treating those persons as living in marriages less respected than others, the federal statute is in violation of the Fifth Amendment.'
Family Code section 300
In California, Marriage is a personal relation arising out of a civil contract between two persons, to which the consent of the parties capable of making that contract is necessary. Consent alone does not constitute marriage. Consent must be followed by the issuance of a license and solemnization as authorized by this division, except as provided by Section 425 and Part 4 (commencing with Section 500).
(b) For purposes of this part, the document issued by the county clerk is a marriage license until it is registered with the county recorder, at which time the license becomes a marriage certificate.