Schwarzenegger signs Harvey Milk Day and Marriage Recognition bills
10.12.2009 1:35pm EDT
From a press release from Equality California:
(Sacramento) Today Governor Schwarzenegger signed into law two historic LGBT rights bills – recognizing the contributions of slain civil rights leader Harvey Milk and a bill that underscores that same-sex couples married before the passage of Proposition 8 are entitled to full recognition as married spouses in California, regardless of whether they married in California or out of state.
Both bills were sponsored by Equality California (EQCA) and were introduced by Senator Mark Leno (D-San Francisco). The bills were the top priority of EQCA, the state’s leading LGBT rights organization and were targeted by right wing anti-gay groups who worked to defeat the bills first in the legislature and then by urging the Governor to veto the measures.“We are grateful to the Governor for signing these critical and groundbreaking measures into law and rising above partisan politics to improve the lives of LGBT Californians,” said EQCA Executive Director Geoff Kors.
The Harvey Milk Day bill marks the first time in the nation’s history that a state will officially recognize and celebrate the contributions of an openly LGBT person with an annual “day of special significance.”
“Californians will now learn about Harvey’s amazing contributions to the advancement of civil rights for decades to come,” Kors said. “He is a role model to millions, and this legislation will help ensure his legacy lives on forever.”
The Marriage Recognition and Family Protection Act, also signed today, holds that same-sex couples married before the passage of Proposition 8 must be recognized as married spouses in California, regardless of whether they married in California or in another state or nation. In addition, the new statute also confirms that same-sex couples married outside of California after November 5, 2008, must be given all of the rights, protections and responsibilities of married spouses under California law, with the sole exception of the designation of “marriage.”
“We are grateful that the Governor has signed this critical bill, which provides much needed protections for same-sex couples who have legally married out of state, or will in the future, and who deserve to be treated like any other married couple,” Kors said. “This bill will allow same-sex couples to get married in other states and countries and ensure they are treated equally under the law when they return to California. Ultimately, however, restoring the freedom to marry is the only way to ensure that all Californians receive the dignity and respect that comes with marriage.”
“When California offered marriage licenses to same-sex couples in 2008, spouses who were already married in another state or country were prohibited from re-marrying in California,” said Senator Leno. “Now those couples and their families are in limbo because their rights and protections under law are not clear. This new law will ensure that same-sex couples are protected by existing California law that recognizes all marriages equally, regardless of where they are performed.”
The Governor also signed EQCA-sponsored legislation by Assemblymember John A. Pérez to help leverage funding for same-sex domestic violence services and vetoed two bills on the grounds that existing law and policy already provided the protections the bills sought to put into statute: the Equal ID Act, allowing transgender people to obtain new birth certificates and the LGBT Prisoner Safety Act, considering sexual orientation and gender identity to safely house prisoners.
“While we believe it is important to have these protections in statute rather than just as policy or court precedent and are disappointed by the vetoes, the Governor’s reaffirmation of these policies will hopefully help ensure they are enforced,” Kors said.





What if we were married pre-Prop 8 and pre-CA Supreme Court ruling making equal marriage constitutional (May/June 2009). I married in Canada in 2005. Does this mean that even though CA didn’t recognize my marriage when I got married, they’ll recognize it now because it happened before Prop 8?
If so, that is crazy…cool but crazy…
I don’t know if I am really reading this correctly or not: Does this mean that I can be married in Iowa and then move to California and have my marriage recognized? If so, then this just, in effect, overturned Prop 8! All that it means is that I have to have the ceremony in a state that allows marriage, but I can live in CA as a married man! Hmmmm, I AM curious about that little square on our joint state tax return though, the one that says “married”. Can I now check that? I don’t get to use the word “married” as the law is written, so what do I do??? I think that in the long run, this law will be the end-run around Prop 8 that will allow us to live our lives as we see fit and that after a year or two of this, everyone will see that full marriage rights will be the only logical step to take. I hope that a law like this can pass in all states that currently do not all “marriage”!!!
its funny that a godson of hitlers grants us protection while are mixed president only blows hot air!
both facebook user & jb YES YES YES!!
pre 8 = married
Other state = married
Check that box babe ca ackowledges us as human beings married even!
Here’s some clarity on what the Gov. signed today on same-sex marriage:
If you are a same-sex couple that was or is able to legally marry in another State or country, when you come to California, visit or live, you will be considered “domestic partners”, which in California gives you something like 99% of all the rights as married straights in California, but without the title “marriage”.
As for the 18,000 couples that got married in California in the 4 1/2 months it was legal in 2008, we are still legally married, per the CA Supreme Court ruling a few months ago.
Still a little unclear; So MOVING FORWARD; If my partner and I, who live in CA, get married tomorrow in, let’s say Iowa, we can live in CA as a married couple?
Also, is there anything the right wingers can do to reverse this? Before the election?
cool, so i get married in Boston, Mass. then when i go back to California its recongized in state of California that my partner and I are legally married and we have same rights has heterosexual couples.
Some of you are getting this wrong. If you married in another state between July and November 2008 (the months that same-sex marriage was legal in California), then you are married. If you were married before July are after November 4, then you are domestic partners.
@Amber Burza — “Also, is there anything the right wingers can do to reverse this? Before the election?”
The right wingers can, unfortunately, attempt, as was the case in Prop H8, to initiate a Peoples Referendum. They would need 600K+ signatures to get it on the ballot, and then yeah, the population (California) could vote to accept or reject this piece of legislation.
@Jayson Andres — “cool, so i get married in Boston, Mass. then when i go back to California its recongized in state of California that my partner and I are legally married and we have same rights has heterosexual couples”
Not exactly. If married after Prop H8 (11/05/2008) in a legal state or country, the best that California will recognize is the rights of being married, but not in name. Eddie Barnett is correct: it would be similar to a DP (99% of Rights, 1% Without Name)–if the name isn’t important to you, but the rights and recognition are, then this perfect for you. If you want the name and the rights, well, then you’ll just have to be patient, ‘cuz 52% of the voting population isn’t ready for that.
IMHO, it really is the best that the CA legislature could do to circumvent Proposition 8 right now. If the nutjobs don’t attempt, or succeed in putting this piece of legislation on the ballot, give it a couple of years, and then the next logical step would be full marriage, again! The key here is to have this continue for a few years; let the middle-of-the-road folks become comfortable with it. When they see the sky didn’t fall, and the moon hasn’t left it’s orbit, then they too will become supportive of full marriage equality.