BILL ANALYSIS
AJR 19
Page 1
ASSEMBLY THIRD READING
AJR 19 (Brownley and Feuer)
As Amended August 25, 2009
Majority vote
JUDICIARY 7-3
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|Ayes:|Feuer, Brownley, Evans, | | |
| |Jones, Krekorian, | | |
| |Huffman, Monning | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Tran, Knight, Miller | | |
| | | | |
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SUMMARY : Urges Congress and the President of the United States
to repeal the Defense of Marriage Act (DOMA). Specifically,
this resolution , amongst other things, makes the following
findings:
1)Thousands of same-sex couples in California were legally
married following the California Supreme Court's May 2008
decision in In re Marriage Cases, prior to the passage of the
discriminatory Proposition 8, which purported to prospectively
eliminate the right of same-sex couples to marry in this
state.
2)The Defense of Marriage Act provides that the United States
government will not recognize or give effect to marriages
between persons of the same sex for purposes of federal law.
3)The Defense of Marriage Act excludes same-sex couples who are
legally married in California from accessing the more than
1,000 federal rights and benefits that are afforded to
opposite-sex spouses.
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4)Among the critical rights and benefits that federal law
provides to protect couples and families are the right to
sponsor a spouse for immigration benefits, the right to access
Social Security survivors benefits, the right to receive
health insurance from a federal employee spouse, the right to
file federal income taxes jointly, and hundreds of other
crucial protections.
5)The Defense of Marriage Act, therefore, authorizes other
states to discriminate against same-sex couples who are
legally married in California by refusing to recognize or
protect their relationships when they travel outside of
California.
6)The Defense of Marriage Act causes significant harm and
unfairly discriminates against committed same-sex couples and
their families.
EXISTING LAW :
1)Provides that, pursuant to Proposition 8 which narrowly passed
on November 4, 2008, only a marriage between a man and a woman
is valid or recognized in California.
2)Provides, pursuant to the California Supreme Court's landmark
decision, in In re Marriage Cases ((2008) 43 Cal.4th 757) and
upheld by the Supreme Court's very recent decision in Strauss
v. Horton ((2009) 46 Cal.4th 364), that any law discriminating
on the basis of sexual orientation is constitutionally
suspect. (In re Marriage Cases, 43 Cal.4th at 840-41.)
3)Upheld the validity of the same-sex marriages entered into in
California from the effective date of the Marriage Cases
decision until passage of Proposition 8. (Strauss v. Horton
(2009) 46 Cal.4th 364.)
4)Provides that a marriage contracted outside of California that
would be valid by the laws of the jurisdiction in which the
marriage was contracted is valid in California.
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5)Provides registered domestic partners with the same rights,
protections, and benefits, and subjects them to the same
responsibilities, obligations, and duties under law, as are
granted to and imposed upon spouses.
6)Provides, in the California Constitution's Equal Protection
Clause, in Article I, Section 7, that:
a) "A person may not be deprived of life, liberty, or
property without due process of law or denied equal
protection of the laws. . ."; and
b) "A citizen or class of citizens may not be granted
privileges or immunities not granted on the same terms to
all citizens."
7)Provides, in the California Constitution's Declaration of
Rights, in Article I, Section 1, that "All people . . . have
inalienable rights. Among these are enjoying and defending
life and liberty, acquiring, possessing, and protecting
property, and pursuing and obtaining safety, happiness, and
privacy."
8)Provides, in the Defense of Marriage Act (DOMA) that was
signed by President Clinton on Sept. 21, 1996, that the United
States government will not recognize or give effect to
marriages between persons of the same sex for purposes of
federal law.
FISCAL EFFECT : None
COMMENTS : This resolution, sponsored by Equality California,
requests that the President and Congress repeal the federal
Defense of Marriage Act (DOMA). In support of the measure, the
authors state:
Approximately 18,000 same-sex couples in California were
legally married following the California Supreme Court's
May 2008 decision in the In re Marriage Cases prior to the
passage of Proposition 8, the ballot measure that
prospectively eliminated the right of same-sex couples to
marry in this state. On May 28, 2009, the California
Supreme Court upheld Proposition 8. At the same time, the
court unanimously ruled that the more than 18,000 marriages
of same-sex couples that took place between June 16 and
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November 4, 2008 continue to be fully valid and recognized
by the State of California. ?
The Defense of Marriage Act (DOMA), which took effect on
September 21, 1996, provides that the United States
government will not recognize or give effect to marriages
between persons of the same sex for purposes of federal
law. DOMA also provides that no state is required to give
effect to any public act, record, or judicial proceedings
of any other state respecting a relationship between
persons of the same sex that is treated as a marriage under
the laws of the other state or a right or claim arising
from that relationship.
DOMA excludes same-sex couples who are legally married in
California and other states from accessing the more than
1,000 federal rights and benefits that are afforded to
opposite-sex spouses. Among the critical rights and
benefits that federal law provides to protect couples and
families are the right to sponsor a spouse for immigration
benefits, the right to access Social Security survivor
benefits, the right to receive health insurance from a
federal employee spouse, the right to file federal income
taxes jointly, and hundreds of other crucial protections.
AJR 19 would allow the California Legislature to call on
Congress and the President to repeal DOMA, ending legal
discrimination and exclusion from critical federal
protections that impact thousands same-sex couples in
California.
In 1996 Congress passed, and President Clinton signed, the
federal Defense of Marriage Act (DOMA), which includes the
provision that no state is required under federal law to give
effect to a same-sex marriage contracted in another state.
In light of the federal DOMA, many states have enacted measures
prohibiting recognition of marriages entered into by same-sex
couples in other jurisdictions. Some states have gone so far as
to enact into their constitutions provisions that purport to
prohibit recognition of relationships between same-sex couples
other than marriage, such as domestic partnerships or civil
unions.
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Currently, six states permit same-sex couples to marry. These
states are Connecticut, Iowa, Maine, Massachusetts, New
Hampshire and Vermont. Seven foreign countries - Belgium,
Canada, the Netherlands, Norway, South Africa, Spain, and Sweden
- also allow same-sex couples to marry.
In addition, while not allowing same-sex couples to marry, New
York and the District of Columbia recognize marriages between
same-sex couples entered in other jurisdictions.
Analysis Prepared by : Drew Liebert / JUD. / (916) 319-2334
FN: 0002453