March 10, 2006
Dear Attorney General Lockyer:
Pursuant to Elections Code Section 9005, we have reviewed the proposed initiative regarding marriage (File No. SA2006RF0018).
Federal Laws. The U. S. Constitution does not define marriage nor does it require states to define marriage. Current federal law only recognizes marriage between a man and a woman. (The law affects matters such as the receipt of federal benefits and federal taxes.)
State Laws. The State Constitution currently does not define marriage. Under current California statute, only marriage between a man and a woman is valid and recognized. Couples of the same sex or unmarried couples of the opposite sex where at least one partner is 62 years or older may register as domestic partners. In most instances, registered domestic partners are provided the same rights and benefits as married couples. Rights of marriage include, but are not limited to, alimony and community property rights.
This measure amends the State Constitution to recognize marriage between one man and one woman as the only legal union of two people.
The measure could affect existing domestic partnership laws and prevent such laws in the future. The fiscal effect of the measure would depend on future interpretation by the courts. For this reason, the fiscal effect of the measure is unknown. Overall, however, we would not expect the measure to have a significant net fiscal effect on state and local governments.
Fiscal Summary. This measure would have the following fiscal impact:
Unknown, but probably not significant, fiscal effect on state and local governments. The impact would depend in large part on future court interpretations.