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The California Supreme Court invalidated the results of Proposition 22 in 2008.Proposition 22 was formally cited as The California Defense of Marriage Act.From the enactment of legislation in 1971 to replace gendered pronouns with gender-neutral pronouns, until 1977, California Civil Code § 4100 defined marriage as "a personal relation arising out of a civil contract, to which the consent of the parties capable of making that contract is necessary." This definition was uniformly interpreted as including only opposite-sex partners, but, because of worries that the language was unclear, Assembly Bill No.607, authored by Assemblyman Bruce Nestande, was proposed and later passed to "prohibit persons of the same sex from entering lawful marriage." Fears that the Civil Code would allow marriage between parties of the same sex had arisen due to a couple in Orange County who sought a marriage license post the passage of the Consenting Adult Sex Bill which repealed the criminality of homosexuality in California (effective 1976).When California State Legislature opened the 2005-2006 session, Assembly member Mark Leno introduced Assembly Bill 19 (AB 19), which proposed legalizing same-sex marriage.The bill gained the support of then-Speaker Fabian Núñez among others.The bill passed 23-5 in the state Senate and 68-2 in the Assembly.
Perry, which restored the effect of a federal district court ruling that overturned Proposition 8 as unconstitutional. Schwarzenegger, a decision upheld by the Ninth Circuit Court of Appeals on February 7, 2012. From February 12 to March 11, 2004, under the direction of Mayor Gavin Newsom of San Francisco, officials of the City and County of San Francisco issued marriage licenses to approximately 4,000 same-sex couples despite it being illegal to do so at both the state and federal level.
The issuance of those licenses was halted during the period of 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. On June 28, 2013, a stay of effect was removed from the federal district court decision and same-sex marriages were able to resume. Before the passage of Proposition 8, California was only the second U. state (after Massachusetts) to allow same-sex marriage.
state of California, and first became so on June 16, 2008, when the state began issuing marriage licenses to same-sex couples as the result of the Supreme Court of California ruling in In re Marriage Cases, which found that barring same-sex couples from marriage violated the state's Constitution. The judgment of the Ninth Circuit was vacated and the case was returned to that Court with instructions to dismiss the Prop 8 sponsors' appeal.
In the March 7, 2000 primary election, Proposition 22 was adopted by a vote of 61.4% to 38%, thus adding § 308.5 to the Family Code, largely replicating the 1977 enactment.
The one-sentence code section explicitly defined the union of a man and a woman as the only valid or recognizable form of marriage in the State of California.Ultimately, the bill was delivered on September 23 and vetoed on September 29, 2005.He argued that the Legislature's bill simply complicated the issue, as the constitutionality of Proposition 22 had not yet been determined, and its ultimate disposition would render AB 849 either unconstitutional (being in conflict with a valid voter initiative) or redundant (being guaranteed by the California Constitution itself, as construed by the courts).The Governor followed through on his statement and on October 12, 2007, he vetoed AB 43.