Monday, May 26, 2008

California Marriage Forms and Marriage Licenses Cannot be Changed Until Legislature Changes Marriage Statutes

California Marriage Forms and Marriage Licenses Cannot be Changed Until Legislature Changes Marriage Statutes

Unlike Massachusetts, California has statutes requiring "bride," "groom," "man," "woman" on marriage licenses and in marriage procedures
SACRAMENTO, Calif., May 23 /Christian Newswire/ -- The California marriage forms cannot be changed to include same-sex "marriages" until the numerous statutes determining marriage licenses and marriage procedures are changed, according to a leading West Coast pro-family organization that studies legislative process.

"The marriage statutes require a standard application form for marriage licenses that says 'bride' and 'groom' with the clear prerequisite that marriage is only for a 'man' and a 'woman,'" said Randy Thomasson. "The California Office of Vital Records knew this in 2004 when it rejected the City of San Francisco' s altered marriage forms. The statutes haven't changed, and only the Legislature can change them.", president of Campaign for Children and Families (CCF)

In 2004, when San Francisco issued some 4,000 homosexual "marriage" licenses, the Office of Vital Records rejected the altered forms, saying "We have to follow the law when we process these forms. It's part of public statute, so we are following state law in the way we record and register marriages."
(Source: "California will reject altered marriage forms," Washington Times, Feb. 19, 2004)

"Unlike Massachusetts, which has no statutes on marriage licenses forms and processes, California cannot change its standard marriage form or processes until the Legislature passes and the Governor signs legislation in response to the Supreme Court's ruling," explained Thomasson. "The Governor's people cannot unilaterally change the marriage forms. That requires legislation or an initiative."

"The Supreme Court can't require the Legislature to do anything," said Gary Kreep. "All the court could do is declare a statute unconstitutional, although in this case there was no basis for it. After that, it's up to the Legislature or the voters to respond. The Schwarzenegger administration can't do anything to the marriage form and processes until the Legislature passes a bill changing the existing statutes.", executive director of the California-based United States Justice Foundation

Click here for the rest of this news release

CAMPAIGN FOR CHILDREN AND FAMILIES (CCF) is a leading nonprofit, nonpartisan organization representing children and families in California and America. CCF stands for marriage and family, parental rights, the sanctity of human life, religious freedom, financial freedom, and back-to-basics education.

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