LGBT rights in California
Encyclopedia
California is considered generally liberal in its policies regarding the LGBT community, and the rights of lesbian, gay, bisexual and transgender people have received greater recognition since 1960 at both the state and municipal level. The state grants extensive recognition to same-sex couples, having been one of the first states to do so. Nevertheless, California currently does not recognize same-sex marriages
.
, and all other domestic partnership policies enacted in the state in the years since are directly modeled after Berkeley's policy.
Through the Domestic Partnership Act of 1999, California became the first state in the United States to recognize same-sex relationships in any legal capacity. As of the 2003 California Domestic Partner Rights and Responsibilities Act (effective January 1, 2005), domestic partnerships are considered equivalent to legal definitions of recognized and performed same-sex unions in other states of the United States and other nation-states.
Proposition 22
, an initiative passed by voters in 2000, forbade the state from recognizing same-sex marriages. This ruling was struck down by the California Supreme Court in In re Marriage Cases
, which was then successively struck down by Proposition 8
. However, between the time prior to the Supreme Court decision and passage of Proposition 8, the state allowed for tens of thousands of marriage licenses to be issued to same-sex couples. Strauss v. Horton retains the legality of the licenses. Perry v. Schwarzenegger
decided that Proposition 8 was unconstitutional due to violations of the Due Process and Equal Protection clauses of the Fourteenth Amendment to the United States Constitution
, but the United States Court of Appeals for the Ninth Circuit
ordered a stay of the judgement pending appeal.
Movements are underway for a 2012 referendum to repeal Proposition 8 and amend the State Constitution to legalize same-sex marriages.
California has provided benefits to sames-sex partners of state employees since 1999.
not overturned by Proposition 8 include the establishment of sexual orientation as a "protected class" under California law, requiring heightened scrutiny
in discrimination disputes.
ruled in May 2010 that its rules governing communal property income for married couples extend to couples who file taxes in a community property state that recognizes domestic partnerships or same-sex marriages. Couples with registered domestic partnerships or in same-sex marriages in California, a community property state, must first combine their annual income and then each must claim half that amount as his or her income for federal tax purposes.
.
Same-sex marriage in California
The status of same-sex marriage in California is unique among the 50 U.S. states, in that the state formerly granted marriage licenses to same-sex couples, but has discontinued doing so...
.
Law regarding same-sex sexual activity
In 1974, California voters opted to amend the State Constitution's Declaration of Rights to include "inalienable rights" such as "life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy." A consenting adults law for residents over 18 years old, which did not repeal existing laws on sodomy or oral copulation for same-sex or opposite-sex couples, was passed in 1975. Laws against consensual sodomy and oral copulation by homosexual, unmarried and married heterosexual couples were repealed in May 1975.Recognition of same-sex relationships
In 1985, the City of Berkeley became the first governing entity in the state to recognize same-sex couples legally when it enacted its domestic partnership policy for city and school district employees. The term "domestic partner" was coined by city employee and gay rights activist Tom BroughamTom Brougham
Tom Brougham is a Berkeley, California gay rights activist who was the first to suggest a new legal category for recognizing couples other than marriage and he coined the phrase domestic partnership.Brougham is a former member of the Gay Liberation Front....
, and all other domestic partnership policies enacted in the state in the years since are directly modeled after Berkeley's policy.
Through the Domestic Partnership Act of 1999, California became the first state in the United States to recognize same-sex relationships in any legal capacity. As of the 2003 California Domestic Partner Rights and Responsibilities Act (effective January 1, 2005), domestic partnerships are considered equivalent to legal definitions of recognized and performed same-sex unions in other states of the United States and other nation-states.
Proposition 22
California Proposition 22 (2000)
Proposition 22 was a law enacted by California voters in March 2000 to restrict marriages to only those between opposite-sex couples. In May 2008 it was struck down by the California Supreme Court as contrary to the state constitution....
, an initiative passed by voters in 2000, forbade the state from recognizing same-sex marriages. This ruling was struck down by the California Supreme Court in In re Marriage Cases
In re Marriage Cases
In re Marriage Cases 43 Cal.4th 757 [76 Cal.Rptr.3d 683, 183 P.3d 384], was a California Supreme Court case with the dual holding that "statutes that treat persons differently because of their sexual orientation should be subjected to strict scrutiny" and the existing "California legislative and...
, which was then successively struck down by Proposition 8
California Proposition 8 (2008)
Proposition 8 was a ballot proposition and constitutional amendment passed in the November 2008 state elections...
. However, between the time prior to the Supreme Court decision and passage of Proposition 8, the state allowed for tens of thousands of marriage licenses to be issued to same-sex couples. Strauss v. Horton retains the legality of the licenses. Perry v. Schwarzenegger
Perry v. Schwarzenegger
Perry v. Schwarzenegger is a federal lawsuit filed in the United States District Court for the Northern District of California challenging the federal constitutionality of Proposition 8, a 2008 ballot initiative that amended the California Constitution to restrict marriage to opposite-sex couples,...
decided that Proposition 8 was unconstitutional due to violations of the Due Process and Equal Protection clauses of the Fourteenth Amendment to the United States Constitution
Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...
, but the United States Court of Appeals for the Ninth Circuit
United States Court of Appeals for the Ninth Circuit
The United States Court of Appeals for the Ninth Circuit is a U.S. federal court with appellate jurisdiction over the district courts in the following districts:* District of Alaska* District of Arizona...
ordered a stay of the judgement pending appeal.
Movements are underway for a 2012 referendum to repeal Proposition 8 and amend the State Constitution to legalize same-sex marriages.
California has provided benefits to sames-sex partners of state employees since 1999.
Discrimination protection
Extensive protections for homosexual, bisexual and transgender residents exist in California law, particularly for labor and employment. In addition, sections of In re Marriage CasesIn re Marriage Cases
In re Marriage Cases 43 Cal.4th 757 [76 Cal.Rptr.3d 683, 183 P.3d 384], was a California Supreme Court case with the dual holding that "statutes that treat persons differently because of their sexual orientation should be subjected to strict scrutiny" and the existing "California legislative and...
not overturned by Proposition 8 include the establishment of sexual orientation as a "protected class" under California law, requiring heightened scrutiny
Strict scrutiny
Strict scrutiny is the most stringent standard of judicial review used by United States courts. It is part of the hierarchy of standards that courts use to weigh the government's interest against a constitutional right or principle. The lesser standards are rational basis review and exacting or...
in discrimination disputes.
Federal Income Tax
The Internal Revenue ServiceInternal Revenue Service
The Internal Revenue Service is the revenue service of the United States federal government. The agency is a bureau of the Department of the Treasury, and is under the immediate direction of the Commissioner of Internal Revenue...
ruled in May 2010 that its rules governing communal property income for married couples extend to couples who file taxes in a community property state that recognizes domestic partnerships or same-sex marriages. Couples with registered domestic partnerships or in same-sex marriages in California, a community property state, must first combine their annual income and then each must claim half that amount as his or her income for federal tax purposes.
Hate crime laws
California SB 1234 clarifies protections of sexual orientation and gender identity alongside other classes against hate crimesHate crime
In crime and law, hate crimes occur when a perpetrator targets a victim because of his or her perceived membership in a certain social group, usually defined by racial group, religion, sexual orientation, disability, class, ethnicity, nationality, age, gender, gender identity, social status or...
.
Summary table
| Homosexuality legal |  |
| Gays allowed to serve in the military | |
| Equal age of consent | |
| Homosexuality declassified as an illness | |
| Anti-discrimination laws for sexual orientation | |
| Anti-discrimination laws for gender identity or expression | |
| Recognition of same-sex couples as domestic partners | |
| Step adoption by same-sex couples | |
| Joint adoption by same-sex couples | |
| Access to IVF for lesbians | |
| Same-sex marriage Same-sex marriage Same-sex marriage is marriage between two persons of the same biological sex or social gender. Supporters of legal recognition for same-sex marriage typically refer to such recognition as marriage equality.... s |
 |
| MSM Men who have sex with men Men who have sex with men are male persons who engage in sexual activity with members of the same sex, regardless of how they identify themselves; many men choose not to accept sexual identities of homosexual or bisexual... s allowed to donate blood |
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