Legal Gay Marriages: Landmark Supreme Court Ruling

Frequently Asked Questions About Same Sex Marriages

1. Do I have to live in California to be married there legally?
2. When can I get the license?
3. Do I have to show up in person?
4. What will the County Recorder give us?
5. Who signs the bottom of the license and when?
6. I know once a document is recorded it becomes public record. Is it possible to get married legally and not have it be a public record?
7. I hear California may have another proposed ban on the ballot in November. What effect does this have on my marriage?
8. What if we live in another state? Once we’re married in California, will our marriage be recognized by all the states?

1. Do I have to live in California to be married there legally?

No. Unlike Massachusetts, where you have to be a resident, the California law requires only that you get your marriage license here and have the wedding ceremony in California, performed by a licensed minister or justice of the peace. The process for gay marriages is the same as any other marriage.

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2. When can I get the license?

The law takes effect in 30 days. That means anytime after June 15, 2008 you can go to any county courthouse in California.

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3. Do I have to show up in person?

   Yes, both parties have to be there. All you need is a picture ID and a $50 fee. The license is valid for 90 days thereafter.
   
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4. What will the County Recorder give us?

   They’ll ask you to sign the license, then give you a manila envelope containing; the original marriage license, a copy of the license stamped “customer copy” and some instructions.
   
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5. Who signs the bottom of the license and when?

   Any minister, justice of the peace or county clerk has the authority to officiate at same sex marriage ceremonies. After the ceremony he/she will sign the license, ask your witness to sign as well (you need 1 witness but can have 2)

   According to the Family Law statutes of California, your officiant is to send the original license to the County Recorder within 10 days, along with a check for $13 and a letter asking them to send you a certified copy (after it’s recorded) of the license. You should receive your copy in about 10 days. 
   
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6. I know once a document is recorded it becomes public record. Is it possible to get married legally and not have it be a public record?

   Yes. If you don’t want everyone to have access to your license, you can ask for a Confidential marriage License. You’ll still be legally married, but it will not become a public record. You can also still choose to have a commitment ceremony in lieu of actually getting legally married.
   
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7. I hear California may have another proposed ban on the ballot in November. What effect does this have on my marriage?

A Window of Opportunity

Why the fuss about gay marriages? There is a possibility that the religious right may have enough signatures to get on the ballot in November. Should the ban pass again, gay marriages will no longer be legal after December 3 (30 days after the election). However, as long as you are married before that date, every same sex marriage done from June to December will be held as legal.

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8. What if we live in another state? Once we’re married in California, will our marriage be recognized by all the states?

Unfortunately no. It means any rights you have as a married couple in the State of California is yours. However, the Federal Government does not yet recognize same sex marriage. One thing that means to you is that you still cannot file your federal taxes as a married couple. Check with your accountant and/or attorney for other legal matters.

Note: If you have any other general questions, call the Marriage License Bureau in Sacramento, or any County Recorder’s office in California. Or, if you like, feel free to Email us at revmarcia@marryu.com and we’ll be happy to answer your question or direct you to the agency that can.

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For more details on the newly legal gay marriages go to:

http://news.yahoo.com/s/ap/20080515/ap_on_re_us/gay_marriage

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