John M. Becker

CA May Remove Exclusionary Language from Marriage Law

Filed By John M. Becker | May 05, 2014 10:00 AM | comments

Filed in: Marriage Equality, Politics
Tags: California, gay marriage, marriage discrimination, marriage equality, Prop 8, Proposition 8, same-sex marriage

california-map.jpgGreat news out of California, where lawmakers in the state Senate approved a bill last week that would remove an exclusionary, heterosexist definition of marriage from the state's family law code.

The Associated Press reports:

SB1306 would remove from the state Family Code language that marriage must be "between a man and a woman." It would substitute gender-neutral language, define marriage as a personal relation arising from a civil contract between two persons, and remove limits on the state recognizing the validity of same-sex marriages performed outside of California.

The bill removes "discriminatory language" from the Family Code and brings state law into compliance with federal and state court decisions allowing same-sex marriages, said Sen. Mark Leno, D-San Francisco.

In June of 2013, the U.S. Supreme Court ruled that the proponents of California's Proposition 8, which stripped gays and lesbians of their right to marry, lacked standing to defend the measure in federal court. This ruling left U.S. District Judge Vaughn Walker's original decision striking down Proposition 8 in place. After the Supreme Court's decision the 9th Circuit Court of Appeals lifted its stay on Walker's ruling, and marriages resumed.

"All this bill does is bring our Family Code section up to date to comply with those two court decisions," Leno told the AP.

The vote Thursday in the California Senate was 25-10. All 10 opposing votes were from Republicans, and two GOP senators voted in favor. The measure now goes to the Assembly.

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