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My partner and I are domestic registered partners in the state

of Washington. We will be...
My partner and I are domestic registered partners in the state of Washington. We will be moving to California in one month. We are considering getting married in the state of Washington first (same sex marriage is now legal here). We would like to know:
1. does CA acknowledge same sex domestic partnerships transferring in from other states?
2. does CA register same sex domestic partnerships now, with quasi-married legal status?
3. does CA acknowledge same sex marriages transferring in from other states?
4. if the Supreme Court rules on overturning Prop 8, when can same sex marriages resume?
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Answered in 20 minutes by:
6/24/2013
socrateaser
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 39,498
Experience: Retired
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Hello. You asked:

1. does CA acknowledge same sex domestic partnerships transferring in from other states?

A: Compliance with the California Domestic Partnership Act (DPA) provisions for formation of a valid domestic partnership is mandatory for persons seeking to obtain legal recognition of their domestic partnership union and receive the benefits afforded by the DPA in California. Velez v. Smith (2006) 142 CA4th 1154, 1169. However, for purposes of the dissolution of a sister-state domestic partnership, an equivalent domestic partnership established in another jurisdiction, may be terminated or altered under California law through superior court proceedings for dissolution, nullity or legal separation. Family Code 299(d).

2. does CA register same sex domestic partnerships now, with quasi-married legal status?

A: Yes. Family Code 297.5, provides "(a) Registered domestic partners shall 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."

3. does CA acknowledge same sex marriages transferring in from other states?

A: Yes, with the singular exception of the statistical designation of "marriage." Family Code 308(c) provides: "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, whether they derive from the California Constitution, the United States Constitution, 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 with the sole exception of the designation of 'marriage.'"

4. if the Supreme Court rules on overturning Prop 8, when can same sex marriages resume?


A: No one knows the answer to this question. The U.S. Supreme Court, the Ninth Circuit Court of Appeals, the California Supreme Court, the Governor of California, and probably the state legislature would all probably weigh in, and it would be a sea of storms. Though if historical precedent is any guide, the San Francisco county clerk would probably start issuing marriage licenses immediately. Seriously, San Francisco sometimes seems to operate as if it were a separate nation -- so, I wouldn't be surprised if the administrative supervisor has already has issued a directive to immediately commence same-sex marriage license issuance as soon as the High Court ruling comes down (assuming that the ruling does favor same-sex marriage).

Hope this helps.
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Customer reply replied 4 years ago

Thanks much for the prompt reply!


 


In sum, this is my take. We have the most secure legal relationship by marrying in Washington State, which will be fully recognized by California, with the exception that we can't call it a marriage. Presumably at such time that CA does legalize same sex marriage, we can officially call ours a marriage even though it was performed in WA. Do you concur?

I agree entirely!

Mazeltov.
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