The Marriage Recognition and Family Protection Act [S.B. 54] 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. That rule is consistent with existing law, including the California Supreme Court's prior holding in In re Marriage Cases [43 Cal.4th 757 (Cal. 2008)] that California cannot treat marriages differently based on whether they were performed in state or out of state. The bill 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 spouses under California law, with the sole exception of the designation of "marriage."
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