A.S. Government Resources

The California Marriage License Non-Discrimination Act of 2004

WHEREAS, the mission of Associated Students of San Diego State University is to “promote involvement in the governance of the university and the affairs of the local community; to represent student interests in governmental issues on city, state, and national levels”, and

WHEREAS, the Constitution of the United States of America’s under Article XIV. Section 1. states “all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws”,and

WHEREAS, the Constitution of California states in Declaration of Rights, Article 1, Section 1. “All people are by nature free and independent and have inalienable rights. Among these are enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy”, and

WHEREAS, Assembly Bill 205, the Domestic Partnership Act, authored by Assembly member Jackie Goldberg, provides the most significant legal protection available to registered partners and their families in California, and includes most of the states rights and responsibilities of marriage but it does not allow joint tax filing status, and

WHEREAS, this marriage bill does not conflict with Proposition 22, the Knight Initiative, passed in 2000 by voters. It was intended to prohibit California from being required to recognize the marriages of same-sex couples that were wed in other states- like Massachusetts. In the California’s Code, Proposition 22 specifically modified the part of the law that regulates the recognition of marriages performed outside of California, and the California Marriage License Non-Discrimination Act will amend a different section of the Family Code to remove the gender-based requirement for issuance of marriage license, and

WHEREAS, marriage is a secular institution, creating a separation of church and state, and

WHEREAS, unequal marriage rights affects GLBT-SDSU students and students throughout the education system of California by denying them specific rights to financial aid, marriage housing, tax benefits, and healthcare benefits, and

WHEREAS, this issue is not ‘gay’ marriage- the issue is discrimination. GLBT couples simply want to be able to take care of and protect each other and their families in the same way that all married couples do, and the Marriage License Non-Discrimination Act does not create ‘gay’ marriage- it simply ensures that the state of California does not discriminate on the basis of gender or sexual orientation in the issuance of marriage licenses, therefore

BE IT RESOLVED, the Associated Students of San Diego State University support the California Marriage License Non-Discrimination Act- 2004, and

BE IT RESOLVED, that copies of this resolution be sent to Governor Schwarzenegger, Senator Kuehl, Assembly Members: Chan, Dymally, Firebaugh, Hancock, Koretz, Levine, Longville, Montanez, Nation, Oropeza, Simitian, Steinberg, Wiggins, Yee, President Steven L. Weber, the University Senate, External Affairs Board, CSSA, USSA and the Daily Aztec.

BILL NUMBER: AB 1967
INTRODUCED BY Assembly Members Leno, Goldberg, Kehoe, Laird, and Lieber (Principal coauthor: Senator Kuehl) (Coauthors: Assembly Members Chan, Dymally, Firebaugh, Hancock, Koretz, Levine, Longville, Montanez, Nation, Oropeza, Simitian, Steinberg, Wiggins, and Yee)

FEBRUARY 12, 2004

An act to amend Sections 300, 301, and 302 of the Family Code, relating to marriage.

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. This act shall be known and may be cited as the "California Marriage License Nondiscrimination Act."

SECTION 2. 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) Where necessary to implement the rights and responsibilities of spouses under the law, gender-specific terms shall be construed to be gender-neutral, except with respect to Section 308.5.

SECTION. 3 Section 301 of the Family Code is amended to read:

301. An Two unmarried male persons of the age of 18 years 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.

SECTION. 4 Section 302 of the Family Code is amended to read:

302. An unmarried male or female person under the age of 18 years is capable of consenting to and consummating marriage if each of the following documents is file with the county clerk issuing the marriage license: (a) The written consent of the parents of each underage person, or of one of the parents or the guardian of each underage person. (b) A court order granting permission to the underage person to marry, obtained on the showing the court requires. SEC. 5. The Legislature finds and declares that this act does not amend or modify Section 308.5 of the Family Code, which addresses marriages from other jurisdictions, as enacted by an initiative measure. SEC. 6. Notwithstanding Section 17610 of the Government Code, if the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. If the statewide cost of the claim for reimbursement does not exceed one million dollars ($1,000,000), reimbursement shall be made from the State Mandates Claims Fund.

 

Approved by Associated Students Council on Wednesday, April 7, 2004.

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Juanita Salas, Associated Students President