A PAGE ABOUT THE DEFINITION OF MARRIAGE APPLICABLE TO THE STATE OF CALIFORNIA!

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.'

SB 1306

In California, SB 1306, a Senate Bill signed into effect on July 7, 2014 amends FC 300 to read as follows: '(a) Marriage is a personal relation arising out of a civil contract between a man and a woman, 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).' SB 1306 officially becomes law on January 1, 2015.

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