BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 2700|
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THIRD READING
Bill No: AB 2700
Author: Ma (D)
Amended: 4/5/10 in Assembly
Vote: 21
SENATE JUDICIARY COMMITTEE : 3-1, 06/22/10
AYES: Corbett, Hancock, Leno
NOES: Harman
NO VOTE RECORDED: Walters
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 47-26, 05/06/10 - See last page for vote
SUBJECT : Domestic partner registration: termination
SOURCE : Equality California
Conference of California Bar Associations
DIGEST : This bill permits couples that are both married
and registered domestic partners to dissolve both unions in
a single court proceeding. This bill would further clarify
that, in a dissolution proceeding, courts may dissolve
out-of-state, same-sex marriages recognized in California.
ANALYSIS : Existing law provides that the dissolution or
nullity of a domestic partnership and legal separation of
domestic partners must follow the same procedures, and the
partners must possess the same rights, protections, and
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benefits and be subject to the same responsibilities,
obligations, and duties, as apply to the dissolution or
nullity of a marriage or legal separation of spouses,
except as provided. (Fam. Code Sec. 299.)
Existing law provides for a simplified process to terminate
a registered domestic partnership if specified conditions
are met, including that the union lasted not more than five
years and there are no children of the relationship. (Fam.
Code Sec. 299.)
Existing law provides for a simplified process to dissolve
a marriage if specified conditions are met, including that
the union lasted not more than five years and there are no
children of the relationship. (Fam. Code Sec. 2400.)
Existing law permits the court, in a proceeding for
dissolution or nullity of a marriage or for legal
separation of the parties, to determine, among other
things, the status of the marriage. (Fam. Code Sec. 2010.)
Existing law provides that, notwithstanding any other
provision of law, a marriage between two persons of the
same sex contracted outside this state that would be valid
by the laws of the jurisdiction in which the marriage was
contracted is valid in this state if the marriage was
contracted prior to November 5, 2008. (Fam. Code Sec.
308.)
Existing law specifies that, notwithstanding any other
provision of law, two persons of the same sex who
contracted a marriage on or after November 5, 2008, that
would be valid by the laws of the jurisdiction in which the
marriage was contracted, shall have the same rights,
protections, and benefits, and shall be subject to the same
responsibilities, obligations, and duties under law, as
specified, as are granted to and imposed upon spouses, with
the sole exception of the designation of "marriage." (Fam.
Code Sec. 308.)
This bill permits parties to a registered domestic
partnership who are also married to each other to petition
the court to dissolve both their domestic partnership and
their marriage in a single proceeding.
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This bill requires the Judicial Council to develop a form
for the above-described proceeding.
This bill clarifies that, in a dissolution proceeding,
courts may dissolve out-of-state, same-sex marriages
recognized in California.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 8/2/10)
Equality California (co-source)
Conference of California Bar Associations (co-source)
American Civil Liberties Union
Asian Law Caucus
California Communities United Institute
Out & Equal Workplace Advocates
Public Advocates
Sacramento Lawyers for the Equality of Gays and Lesbians
Transgender Law Center
ARGUMENTS IN SUPPORT : According to the author's office:
If couples [who are both legally married and
registered domestic partners] choose to terminate
their legal relationship, they must file two petitions
in the Superior Court of California, pay two filing
fees (at a cost of $710), and prosecute or consolidate
the two separate proceedings to both dissolve their
marriage and terminate their domestic partnership.
This dual termination process is unnecessarily
burdensome and costly to the parties, involving
consolidation motions and additional unnecessary legal
hurdles. This additional cumbersome process will
often take 1-2 years longer to take place in the
courts, which unnecessarily wastes judicial resources.
ASSEMBLY FLOOR :
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AYES: Ammiano, Arambula, Beall, Blakeslee, Blumenfield,
Bradford, Brownley, Buchanan, Caballero, Charles
Calderon, Carter, Chesbro, Coto, Davis, De La Torre, De
Leon, Eng, Feuer, Fong, Fuentes, Furutani, Galgiani,
Hall, Hayashi, Hernandez, Hill, Huber, Huffman, Jones,
Lieu, Bonnie Lowenthal, Ma, Monning, Nava, V. Manuel
Perez, Portantino, Ruskin, Salas, Saldana, Skinner,
Solorio, Swanson, Torlakson, Torres, Torrico, Yamada,
John A. Perez
NOES: Adams, Anderson, Bill Berryhill, Tom Berryhill,
Conway, Cook, DeVore, Emmerson, Fuller, Gaines, Garrick,
Hagman, Harkey, Jeffries, Knight, Logue, Miller,
Nestande, Niello, Nielsen, Norby, Silva, Smyth, Audra
Strickland, Tran, Villines
NO VOTE RECORDED: Bass, Block, Evans, Fletcher, Gilmore,
Mendoza
RJG:nl 8/3/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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