Same-sex marriage in California

Same-sex marriage has been legal in California since June 28, 2013. The State of California first issued marriage licenses to same-sex couples from June 16, 2008 to November 5, 2008, as a result of the Supreme Court of California finding in the case of In re Marriage Cases that barring same-sex couples from marriage violated the Constitution of California. The issuance of such licenses was halted from November 5, 2008 through June 27, 2013 (though existing same-sex marriages continued to be valid) due to the passage of Proposition 8—a state constitutional amendment barring same-sex marriages. The granting of same-sex marriages resumed following the U.S. Supreme Court's decision in Hollingsworth v. Perry, which restored the effect of a federal district court ruling that overturned Proposition 8 as unconstitutional.

California was the second U.S. state (after Massachusetts) to legalize same-sex marriage. Those marriages granted under the laws of other state governments, foreign and domestic, were legally recognized and retained state-level rights since 2008. On November 12, 2008, Connecticut took over California's former position as the second state issuing legal same-sex marriages. On November 5, 2024, California voters passed Proposition 3, a constitutional amendment that enshrined the right to same-sex and interracial marriage in the state constitution. The measure passed with 63% of the vote.

[kon-1] 1 2 Performed in the Netherlands proper (including the Caribbean Netherlands), as well as in Aruba and Curaçao. May be registered in Sint Maarten in such cases, but the rights of marriage are not guaranteed.

[2] Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.

[3] Neither performed nor recognized in six British Overseas Territories.

[usa-4] 1 2 Neither performed nor recognized in some tribal nations of the US. Recognized but not performed in several other tribal nations and American Samoa.

[israel-5] Registered foreign marriages confer all marriage rights in Israel. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities.

[eu-6] 1 2 3 4 The Coman v. Romania ruling of the European Court of Justice obliges the state to provide residency rights for the foreign spouses of EU citizens. Some member states, including Romania, do not follow the ruling.

[7] A "declaration of family relationship" is available in several of Cambodia's communes which may be useful in matters such as housing, but is not legally binding.

[8] Guardianship agreements confer some limited legal benefits in China, including decisions about medical and personal care.

[9] Hong Kong provides inheritance, guardianship rights, and residency rights for foreign spouses of legal residents.

[10] Indian courts have recognised guru–shishya, nata pratha or maitri karar–type contractual relationships, but they are not legally binding.

[11] Most Japanese cities and prefectures issue partnership certificates, but they are not legally binding.

[12] Marriages conducted abroad between a Namibian national and a foreign spouse provide residency rights in Namibia.

[13] Romania provides hospital visitation rights through a "legal representative" status.