BILL ANALYSIS Ó SB 1005 Page 1 SENATE THIRD READING SB 1005 (Jackson) As Amended June 6, 2016 Majority vote SENATE VOTE: 35-2 ------------------------------------------------------------------ |Committee |Votes|Ayes |Noes | | | | | | | | | | | | | | | | |----------------+-----+----------------------+--------------------| |Judiciary |8-0 |Mark Stone, Wagner, | | | | |Burke, Chau, Chiu, | | | | |Cristina Garcia, | | | | |Holden, Ting | | | | | | | | | | | | ------------------------------------------------------------------ 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 Page 2 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. SB 1005 Page 3 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. SB 1005 Page 4 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