BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    SB 1005


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          SENATE THIRD READING


          SB  
          1005 (Jackson)


          As Amended  June 6, 2016


          Majority vote


          SENATE VOTE:  35-2


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          |Committee       |Votes|Ayes                  |Noes                |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Judiciary       |8-0  |Mark Stone, Wagner,   |                    |
          |                |     |Burke, Chau, Chiu,    |                    |
          |                |     |Cristina Garcia,      |                    |
          |                |     |Holden, Ting          |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
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          SUMMARY:  Replaces "husband" and "wife" with "spouse."   
          Specifically, this bill:  


          1)Replaces "husband" and "wife" with "spouse."


          2)Clarifies that "spouse" includes registered domestic partners  








                                                                    SB 1005


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            throughout the codes.


          EXISTING LAW:  


          1)Provides that marriage is a personal relation arising out of a  
            civil contract between two persons.  (Family Code Section 300.  
             Unless stated otherwise, all further statutory provisions are  
            to that code.)  


          2)Provides that registered domestic partners have the same  
            rights, protections, and benefits and are subject to the same  
            responsibilities, obligations, and duties under law, whether  
            they derive from statutes, administrative regulations, court  
            rules, government policies, common law, or any other  
            provisions or sources of law, as are granted to and imposed  
            upon spouses.  Also applies to former domestic partners and  
            surviving domestic partners.  (Section 297.5.)


          FISCAL EFFECT:  None.


          COMMENTS:  This bill continues a decades-long effort to allow  
          same-sex couples to marry in California.  While California and  
          the entire United States now recognize the rights of same-sex  
          couples to marry (Obergefell v. Hodges (2015) 135 S. Ct. 2584;  
          Hollingsworth v. Perry (2013) 133 S. Ct. 2652), the codes have  
          not fully caught up to the law, and this bill seeks to move that  
          process forward by replacing the terms "husband" and "wife" with  
          the gender neutral term "spouse" throughout the codes.  


          This Bill Seeks to Update the Codes to Reflect Current Law:  For  
          unrepresented individuals, understanding the law and complex  
          legal processes is often very difficult and can be nearly  
          impossible when statutes do not reflect the actual law.   








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          Updating the statutes will help ensure that someone reading the  
          California codes will have an accurate understanding of the law.


          California's courts have long interpreted the code to apply  
          neutrally regarding gender in an effort to accommodate the  
          evolution of the nuclear family.  In order to best protect  
          parties and their children, courts recognize that in many  
          families traditional gender-stereotypes cease to exist: more  
          mothers are breadwinners, more fathers are primary caretakers,  
          and many same-sex couples are raising children.  To that end, in  
          2013 the Legislature updated statutory terms within the Uniform  
          Parentage Act to conform with case law and other statutory  
          provisions, including changing "presumed father" to "presumed  
          parent," and replacing "father" and "mother" with "parent."   
          (See AB 1403 (Committee on Judiciary), Chapter 510, Statutes of  
          2013.)  In addition, the Legislature enacted SB 1306 (Leno),  
          Chapter 82, Statutes of 2014, which deleted references to  
          "husband" or "wife" in the Family Code and instead referred to a  
          "spouse."  Similarly, this bill would update the remaining codes  
          to accurately reflect California law.  


          Domestic Partners are Included Under "Spouses."  While this bill  
          only replaces "husband" and "wife" with the word "spouse,"  
          spouse also includes domestic partners.  California's domestic  
          partnership laws provide that registered domestic partners have  
          the "same rights, protections, and benefits, and shall be  
          subject to the same responsibilities, obligations, and duties  
          under law, whether they derive from statutes, administrative  
          regulations, court rules, government policies, common law, or  
          any other provisions or sources of law, as are granted to and  
          imposed upon spouses."  (Section 297.5.)  Similarly, former  
          registered domestic partners and surviving registered domestic  
          partners have the same rights as former spouses and surviving  
          spouses.  (Id.)  Thus, whenever the term "spouse" is used in the  
          codes it also includes registered domestic partners.










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          To make that more clear to non-lawyers, this bill adds  
          clarifying definitional language to each code that includes the  
          term "spouse" to refer to Section 297.5 and make clear that  
          "spouse" includes a registered domestic partner.




          Analysis Prepared by:                                             
                          Leora Gershenzon / JUD. / (916) 319-2334  FN:  
          0003413