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California Gov. Validates Same-Sex Marriages
The Recorder
October 13, 2009
California Governor Arnold Schwarzenegger
IMAGE: Justin Sullivan/Getty Images
California Gov. Arnold Schwarzenegger signed legislation Sunday declaring that same-sex marriages performed outside of California prior to the passage of Proposition 8 are legally valid in the Golden State.
The new law also clarifies that same-sex couples who married in another state after Nov. 5, 2008, must be given the same rights and benefits as opposite-sex spouses, although their unions will not be called marriages.
Schwarzenegger's signature on SB 54 marks a big win for gay rights groups, which had sought to clarify the state Supreme Court's May ruling in Strauss v. Horton, S168047, and two other petitions. The decision validated the estimated 18,000 same-sex marriages performed in California prior to Nov. 5, 2008, but left unclear the status of out-of-state couples.
"We think that's really critical," said Geoffrey Kors, executive director of Equality California. "If [the governor] hadn't signed the bill, we were concerned we were going to see dozens of lawsuits over hospital visitation rights and other rights and benefits."
Schwarzenegger's signature might not stop other lawsuits, however. Prop 8 supporters did not announce any legal challenges to the legislation Monday, but Kors said he's "heard rumblings" about a potential lawsuit.
"The signing of SB 54 dishonors the people of California and weakens the laws set forth by them through the initiative process," Ron Prentice, director of California Family Council, said in a prepared statement.
The governor signed 478 bills and vetoed 229 more in the final days before Sunday's midnight deadline.
Among the bills Schwarzenegger signed in the final hours was AB 590, which will create a pilot program offering lawyers' services to poor litigants in domestic violence, child custody and other civil cases. The so-called civil Gideon bill will launch programs in 2011 and fund them through a $10 surcharge on certain court services.
Julia Wilson, executive director of the Legal Aid Association of California, said the public program appears to be the first of its kind in the nation.
"It's just phenomenal news," Wilson said. "I think it shows that California really cares about these issues."
Though the governor has been wary of launching new programs given California's budget troubles, the bill's sponsors corralled the support of law firms, legal document businesses and legal aid groups.
"When seemingly unaligned interests all come together, then it's worth taking a look at the policy being pushed forward," said Thomas McMorrow, a partner in the Sacramento office of Manatt, Phelps & Phillips, which worked pro bono on the bill for the Legal Aid Association.
The Judicial Council will develop the pilot program. Teams of local courts and legal aid groups are expected to apply for project funding.
Other bills signed by the governor include:
-SB 510, a trial lawyer-sponsored bill that will require judges to weigh additional criteria before approving the conversion of a monetary award into a structured settlement. The Consumer Attorneys of California sponsored the legislation, which was actually opposed by the governor's own Office of Planning and Research.
-AB 1200, which insurers said will simply allow them to offer more information about repair shops to customers. Trial lawyers, however, accused insurers of trying to steer consumers to shops with price-capping contracts.
