October 30, 2009
Pursuant to Elections Code Section 9005, we have
reviewed the proposed constitutional amendment initiative related to
marriage (A.G. File No. 09‑0040).
Background
State law does not contain any restrictions on
marriage between two persons based on race, color, creed, ancestry,
national origin, or religion. In November 2008, voters passed
Proposition 8 to define in the State Constitution that only marriage
between a man and a woman is valid or recognized in California. However,
state law allows couples of the same sex where both partners are at
least 18, or unmarried couples of the opposite sex where at least one
partner is 62 years or older, to register as domestic partners. In most
instances, registered domestic partners are provided the same rights and
benefits as married couples. For example, both married individuals and
domestic partners are entitled to alimony and community property rights.
Proposal
This measure amends the State Constitution to
repeal Proposition 8. In addition, the measure states that it does not
require clergy of any church to perform a marriage in violation of his
or her religious beliefs.
Fiscal Effect
By repealing Proposition 8, this measure would
make marriage between individuals of the same sex valid and recognized
in California. As a result, there would likely be additional spending on
wedding ceremonies in the state by same-sex couples, including spending
by people from outside of California. Particularly in the near term,
this could increase revenues to state and local governments (primarily
sales tax revenues). Over the longer run, however, this measure would
likely have little fiscal impact on state and local governments.
Fiscal Summary. Over the long run,
this measure would likely have little fiscal impact on state and local
governments.
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