THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 300 of the Family Code is amended to read:
300. (a) Marriage is a personal relation arising out of a civil
contract between
a man and a woman two
persons , to which the consent of the parties capable of making
that contract is necessary. Consent alone does not constitute
marriage. Consent must be followed by the issuance of a license and
solemnization as authorized by this division, except as provided by
Section 425 and Part 4 (commencing with Section 500).
(b) For purposes of this part, the document issued by the county
clerk is a marriage license until it is registered with the county
recorder, at which time the license becomes a marriage certificate.
SEC. 2. Section 301 of the Family Code is amended to read:
301.
An Two unmarried
male
of the age of persons 18 years of age
or older, and
an unmarried female of the age of 18 years or
older, and who are not otherwise disqualified,
are capable of consenting to and consummating marriage.
SEC. 3. Section 302 of the Family Code is amended to read:
302. (a) An unmarried
male or female
person under
the age of 18 years
18 years of age is capable of consenting to and
consummating marriage upon obtaining a court order granting
permission to the underage person or persons to marry.
(b) The court order and written consent of the parents of each
underage person, or of one of the parents or the guardian of each
underage person shall be filed with the clerk of the court, and a
certified copy of the order shall be presented to the county clerk at
the time the marriage license is issued.
SEC. 4. Section 308 of the Family Code is repealed.
308. (a) A marriage contracted outside this state that would be
valid by the laws of the jurisdiction in which the marriage was
contracted is valid in this state.
(b) Notwithstanding any other provision of law, a marriage between
two persons of the same sex contracted outside this state that would
be valid by the laws of the jurisdiction in which the marriage was
contracted is valid in this state if the marriage was contracted
prior to November 5, 2008.
(c) 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." SEC. 5. Section 308 is added to the Family Code, to read:
308. A marriage contracted outside this state that would be valid
by laws of the jurisdiction in which the marriage was contracted is
valid in this state.
SEC. 6. Section 308.5 of the Family Code is repealed.
308.5.
Only marriage between a man and a woman is valid or
recognized in California. SB 1306 Senate Bill - INTRODUCED