BILL ANALYSIS
Senate Appropriations Committee Fiscal Summary
Senator Carole Migden, Chair
849 (Leno)
Hearing Date: 8/15/05 Amended: 6/28/05
Consultant: Karen French Policy Vote: Judiciary 5-2
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BILL SUMMARY:
AB 849 enacts the Religious Freedom and Civil Marriage
Protection Act to redefine "marriage' in California as a union
between two persons, making marriage gender-neutral and thereby
permitting same-sex marriages in the state. The bill would not
require any clergy or religious official to solemnize any
marriage in violation of his or her right to free exercise of
religion as guaranteed by the US and California Constitutions.
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Fiscal Impact (in thousands)
Major Provisions 2005-06 2006-07 2007-08 Fund
PIT Revenue loss --
$3,000 $3,000 General
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STAFF COMMENTS: This bill meets the criteria for referral to
the Suspense File.
In 2004, the FTB estimated a state personal income tax (PIT)
revenue loss of about $1 million for every 4,900 same-sex
couples whose filing status would change. These couples would
have a change in state filing status to married filing joint or
married filing separate. The 2000 census identified 92,138
same-sex couples living in California (as of May 1, 2005, there
were 27,300 registered domestic partnerships in California, the
majority of which are same-sex couples). In less than a month
last year, over 4,000 same-sex couples were married in San
Francisco. Assuming one-half of the existing registered
domestic partners marry within the first year, revenue loss for
fiscal year 2006-07 and each year thereafter would be $3
million. The actual number of marriages could be significantly
greater. The 2000 census also found that 92% of cohabitating
heterosexual couples were married. If a similar pattern
occurred with same sex couples, actual losses probably would be
significantly greater. In addition, there would be a minor
revenue increases from marriage license fees and unquantifiable
increased economic activity surrounding more weddings in the
state.
Offsetting savings could occur from reduced eligibility for
Medi-Cal and SSI/SSP, but these savings would accrue only if
federal law changes or eligibility waivers were granted.
AB 849 is identical to AB 19 (Leno, 2005) which failed passage
on the Assembly Floor. The contents of AB 19 were amended into
AB 849 on June 28th.