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    Through the Domestic Partnership Act of , California became the first state in the United States to recognize same-sex relationships in any legal capacity.

    As of the California Domestic Partner Rights and Responsibilities Act of effective January 1, , same-sex civil unions or domestic partnerships performed in other states or countries are considered equivalent to California's domestic partnerships.

    Proposition 22 , an initiative passed by voters in , forbade the state from recognizing same-sex marriages. This initiative was struck down in May by the California Supreme Court in In re Marriage Cases , but a few months later, Proposition 8 reinstated California's ban on marriages for same-sex couples.

    During the time between the California Supreme Court decision and passage of Proposition 8, the state allowed for tens of thousands of marriage licenses to be issued to same-sex couples.

    Strauss v. Horton affirmed that those marriages were still valid after the passage of Proposition 8. In , a federal district court in Perry v.

    Schwarzenegger determined that Proposition 8 was unconstitutional due to violations of the Due Process and Equal Protection clauses of the Fourteenth Amendment to the United States Constitution , but the United States Court of Appeals for the Ninth Circuit ordered a stay of the judgement pending appeal.

    In February , a three-judge panel of the U. Court of Appeals for the Ninth Circuit upheld the district court's holding in Perry v. Schwarzenegger that Proposition 8 was unconstitutional, although on narrower grounds.

    Proposition 8 proponents sought rehearing en banc meaning review of the decision by a larger panel of Ninth Circuit judges but this was denied in June The proponents then petitioned the U.

    Supreme Court to review the Ninth Circuit's decision, and it agreed to do so on December 7, The Supreme Court issued its ruling on June 26, , effectively upholding the lower courts' determination that Proposition 8 was unconstitutional but doing so on procedural grounds without directly addressing the constitutionality of the measure.

    Two days later, the lifting of a stay by the U. Court of Appeals for the Ninth Circuit allowed same-sex couples to recommence marrying in California.

    Efforts were underway for a referendum to repeal Proposition 8 and amend the State Constitution to allow same-sex couples to marry.

    However, in February , Love Honor Cherish , the organization gathering signatures for that potential ballot initiative, canceled the effort in light of the fact that the Perry lawsuit was going well for the pro-equality side and an expensive ballot campaign appeared unlikely to be necessary.

    It removed unenforceable and discriminatory language against same-sex couples, such as Proposition 22 and AB , and also modernized the entire code by replacing references to "husband" and "wife" with "spouse s ".

    Following the passage of Proposition 8, the California Supreme Court Justices affirmed that all same-sex marriages performed in California before the passage of Proposition 8 continued to be valid and recognized as "marriage".

    The Marriage Recognition and Family Protection Act also established that a same-sex marriage performed outside the state is recognized as "marriage" if it occurred before Proposition 8 took effect.

    This category also includes same-sex marriages performed before same-sex marriage became legal in California. During its passage, some concern was expressed that, by repealing the same-sex marriage ban, SB breached the separation of powers as the State Assembly would be repealing an initiative passed by the voters.

    However, the consensus of the Assembly Judiciary Committee was that the voters are no more able to pass an unconstitutional, and subsequently enjoined, statute any more than the Assembly can.

    Perry , which collectively forbade the enforcement of any law which would prohibit same-sex couples from marrying, it was determined by the Assembly Judiciary Committee that the Assembly has the capacity to repeal enjoined statutes.

    On May 1, , the California State Senate passed the bill on a 25—10 vote. Marriage is a personal relation arising out of a civil contract between two persons, to which the consent of the parties capable of making that contract is necessary.

    The bill became both engrossed and enrolled, meaning it passed both houses in the same form. The bill was signed into law by Governor Jerry Brown, and went into effect on January 1, The Internal Revenue Service ruled in May that its rules governing communal property income for married couples extend to couples who file taxes in a community property state that recognizes domestic partnerships or same-sex marriages.

    Couples with registered domestic partnerships or in same-sex marriages in California, a community property state, must first combine their annual income and then each must claim half that amount as his or her income for federal tax purposes.

    In June , the California Department of Corrections announced it would allow same-sex conjugal visits becoming the first state to do so.

    The policy was enacted to comply with a state law requiring state agencies to give the same rights to domestic partners that heterosexual couples receive.

    The new rules allow for visits only by registered domestic partners or same-sex married couples who are not themselves incarcerated. Further, the domestic partnership or same-sex marriage must have been established before the prisoner was incarcerated.

    Same-sex adoption has been legal since and lesbian couples have been allowed to access artificial insemination since Both gestational and traditional surrogacy arrangements are recognized as valid in the state of California.

    In September , Governor Jerry Brown signed several surrogacy bills into law. Lesbian couples have access to in vitro fertilization.

    State law recognizes the non-genetic, non-gestational mother as a legal parent to a child born via donor insemination. Initially, the couple had to be either married or in a domestic partnership for the non-biological mother to be automatically recognized.

    However, a law passed in , and taking effect on 1 January , grants automatic recognition for unmarried couples as well. In addition, sections of In re Marriage Cases not overturned by Proposition 8 include the establishment of sexual orientation as a "protected class" under California law, requiring heightened scrutiny in discrimination disputes.

    Pacific Tel. The Unruh Civil Rights Act , section 51 of the California Civil Code, enacted in , did not expressly include a prohibition against discrimination by businesses based on sexual orientation until ; however, California courts interpreted the law to prohibit such discrimination as early as in Rolon v.

    Kulwitzky , an interpretation upheld in later decisions as well. In , after the AB Veto Riot , where Governor Pete Wilson vetoed a law which would have guaranteed protections from discrimination on the basis of sexual orientation by private employers, Governor Wilson reversed course and signed legislation which reformed existing California anti-discrimination statutes to cover sexual orientation in employment.

    The penalties of that bill differed from AB in that the provided penalties were civil rather than criminal in nature.

    The law was expanded to protect transgender people from unfair discrimination in California law clarifies protections against hate crimes based on sexual orientation and gender identity or expression, alongside other categories.

    State law provides penalty enhancements for a crime motivated by the victim's perceived or actual sexual orientation or gender identity. Sex and name changes are legal in the state.

    Transgender people are permitted to change their legal gender on official documents, such as birth certificates, driver's licenses or IDs.

    The applicant needs to submit to the California Department of Public Health a certified copy of a court order that changes their sex or an affidavit attesting, under penalty of perjury, that the request for a change of sex is to reflect the applicant's gender identity and not for any fraudulent purposes.

    State law does not require that the applicant undergo sterilization, sex reassignment surgery or any medical interventions, but he or she may undergo such procedures if they wish.

    In , a new law was passed which requires any official responsible for completing a transgender person's death certificate to ensure it represents the deceased person's gender expression, as documented in other government-issued documents or evidenced by gender confirmation medical procedures.

    State law bans health insurance providers from discriminating against transgender patients and from excluding coverage for transgender-specific care.

    State Medicaid policy also explicitly includes medical transgender-related health care. In February , a bill was introduced to the California State Assembly to ban medical interventions on intersex babies, a first for the United States.

    The bill failed in a Senate committee in January In , a new law was passed, according to which doctors, nurses, and other healthcare providers are expected to meet cultural competency standards that include "understanding and applying cultural and ethnic data to the process of clinical care, including, as appropriate, information pertinent to the appropriate treatment of, and provision of care to, the lesbian, gay, bisexual, transgender, and intersex communities.

    California law prohibits "discrimination, harassment, intimidation, and bullying based on actual or perceived characteristics including immigration status, disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or association with a person or group with one or more of these actual or perceived characteristics".

    The state's anti-bullying also includes a prohibition on "cyber sexual bullying", encourages school districts to inform pupils regarding available information and resources regarding the dangers and consequences of bullying, and directs the Department of Education to develop an online help tool to assist all school staff, school administrators, parents, pupils, and community members in increasing their knowledge of the dynamics of bullying and cyberbullying.

    The law compels the inclusion of the political, economic, and social contributions of persons with disabilities and lesbian, gay, bisexual, and transgender people into educational textbooks and the social studies curricula in California public schools by amending the California Education Code.

    It also amended existing law by adding sexual orientation and religion along with race, ethnicity, nationality, gender, and disability that schools are prohibited from sponsoring negative activities about or teaching students about in an adverse way.

    This can include reading children's books with same-sex parents or learning about the LGBT rights movement, the White Night riots and the Moscone—Milk assassinations , depending on age and grade.

    The law extended gender identity and expression discrimination protection to transgender and gender-nonconforming students. The bill specifically mentions that classes and activities are to be conducted without regard to one's birth sex as well as allowing transgender students to use bathrooms, locker rooms, and participate in sports that are congruent to their gender identity without regard to the gender they were assigned at birth.

    The law took effect in January The law did not come without controversy and criticism though. The petition was circulated by the Privacy for All Students Coalition which worked with the aforementioned groups.

    However, the effort failed after it fell "about 17, signatures short of the , valid names needed to go before voters.

    Under the Act, the lessons must be "medically accurate" and "age-appropriate". They cover a range of topics, including healthy relationships, how to avoid unintended pregnancies and infection by sexually transmitted diseases, domestic violence, contraceptives, and abstinence.

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    In , however, Perry v. Schwarzenegger resulted in a victory for same-sex couples, by declaring Proposition 8 unconstitutional.

    In , the State Legislature passed the FAIR Education Act , which makes California the first state in the Union to enforce the teaching of LGBT history and social sciences in the public school curriculum and prohibits educational discrimination on the basis of sexual orientation and gender identity.

    The report showed, among other things, that self-identified bisexuals made up the largest single population within the LGBT community in the United States.

    In each study included in the report, more women identified as bisexual than lesbian, though fewer men identified as bisexual than gay. In September Berkeley, California became the first city in America to officially proclaim a day recognizing bisexuals.

    Also in , California became the first state to sign a ban on therapy that claims to convert gay people into heterosexual. However, the law is as of held up in federal courts on first amendment grounds.

    In , in the case Hollingsworth v. Perry formerly Perry v. Schwarzenegger , which was brought by a lesbian couple Kristin Perry and Sandra Stier and a gay male couple, the Supreme Court said the private sponsors of Proposition 8 did not have legal standing to appeal after the ballot measure was struck down by a federal judge in San Francisco, which made same-sex marriage legal again in California.

    Also in , California enacted America's first law protecting transgender students; the law, called the School Success and Opportunity Act, declares that every public school student in California from kindergarten to 12th grade must be "permitted to participate in sex-segregated school programs and activities, including athletic teams and competitions, and use facilities consistent with his or her gender identity, irrespective of the gender listed on the pupil's records.

    In , Ricardo Lara was elected as California's insurance commissioner, making him the first openly gay person elected to statewide office in California's history.

    In November , transgender community leader Lauren Pulido raised the transgender pride flag over the California state capitol for Trans Day of Remembrance, reportedly the first time the transgender flag was raised over a state capitol building in the United States.

    From Wikipedia, the free encyclopedia. This article needs additional citations for verification. Please help improve this article by adding citations to reliable sources.

    Unsourced material may be challenged and removed. Johnston, , pages This appears to be the only volume of such reports that contains the detailed information from each county as to prosecutions.

    In addition to the 10 San Francisco prosecutions, there were four from neighboring Alameda County and two from neighboring Marin County. Retrieved October 25, Ex Post Facto.

    Archived from the original on May 25, Retrieved May 15, Retrieved on Goldstein [ Cal. Retrieved June 30, New York: Haworth Press. ABC7 San Francisco.

    August Nation. Retrieved June 27, November 9, Archived from the original on November 9, Archived from the original on July 5, April 27, Archived from the original on April 27, Los Angeles Times.

    Archived from the original on February 7, August 6, Archived from the original on August 6, Bay Area Reporter. Retrieved April 6, World-Class Reputation".

    The Bay Area Reporter. Pepperdine Law Review. Transgender History. Seal Press. Willie Brown did". Retrieved December 3, Retrieved January 7, October 20, Archived from the original on February 20, BiNet USA.

    Archived from the original on January 20, Retrieved November 6, California State Assembly. December 5, Archived from the original on June 13, Retrieved June 4, April 4,

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