BILL NUMBER: AB 1967	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Members Leno, Goldberg, Kehoe, Laird, and
Lieber
   (Principal coauthor: Senator Kuehl)
   (Coauthors: Assembly Members Chan, Dymally, Firebaugh, Hancock,
Koretz, Levine, Longville, Montanez, Nation, Oropeza, Simitian,
Steinberg, Wiggins, and Yee)

                        FEBRUARY 12, 2004

   An act to amend Sections 300, 301, and 302 of the Family Code,
relating to marriage.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1967, as introduced, Leno.  Gender-neutral marriage.
   Existing law provides that marriage is a personal relation arising
out of a civil contract between a man and a woman.  Existing law
provides for the issuance of marriage licenses, as specified.
Existing law further provides that only marriage between a man and a
woman is valid or recognized in this state.
   This bill would enact the "California Marriage License
Nondiscrimination Act," which would instead provide that marriage is
a personal relation arising out of a civil contract between 2
persons.  The bill would make conforming changes with regard to
consent, and would make a specified finding and declaration.
   By adding to the duties of county employees, this bill would
impose a state-mandated local program.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  yes.
State-mandated local program:  yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  This act shall be known and may be cited as the
"California Marriage License Nondiscrimination Act."
  SEC. 2.  Section 300 of the Family Code is amended to read:
   300.   (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).  
   (b) Where necessary to implement the rights and responsibilities
of spouses under the law, gender-specific terms shall be construed to
be gender-neutral, except with respect to Section 308.5. 
  SEC. 3.  Section 301 of the Family Code is amended to read:
   301.   An   Two  unmarried  male
  persons  of the age of 18 years or older
 , and an unmarried female of the age of 18 years or older,
and   who are  not otherwise disqualified, are
capable of consenting to and consummating marriage.
  SEC. 4.  Section 302 of the Family Code is amended to read:
   302.  An unmarried  male or female   person
 under the age of 18 years is capable of consenting to and
consummating marriage if each of the following documents is filed
with the county clerk issuing the marriage license:
   (a) The written consent of the parents of each underage person, or
of one of the parents or the guardian of each underage person.
   (b) A court order granting permission to the underage person to
marry, obtained on the showing the court requires.
  SEC. 5.  The Legislature finds and declares that this act does not
amend or modify Section 308.5 of the Family Code, which addresses
marriages from other jurisdictions, as enacted by an initiative
measure.
  SEC. 6.  Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
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