Kara Sears
California has been a leader in the advancement of LGBTQ rights, but the journey has been long and arduous. In 2000, California passed Proposition 22, which defined marriage as a union between a man and a woman. However, in 2004, San Francisco Mayor Gavin Newsom took a bold step by allowing gay marriage within the city, and in 2005, the Freedom to Marry bill was introduced. After several court rulings and voter initiatives, same-sex marriage was legalized in California in 2013, and the state has since continued to make strides in recognizing the rights of LGBTQ individuals and couples, including adoption and parental rights. Despite these advancements, California still has an anti-gay marriage law on the books, Proposition 8, which voters could repeal in the near future.
| Characteristics | Values |
|---|---|
| Same-sex marriage | Legal since 2013 |
| Same-sex marriage in state constitution | Ensured in 2024 |
| Same-sex marriage certificates | Issued since 2013 |
| Religious institutions and same-sex marriage | Not required to perform, but many are welcoming |
| Domestic partnerships | Offered since the 1980s, grant almost all the same state-level rights as marriage |
| Adoption by same-sex couples | Allowed, with some international agencies still restricting it |
| LGBTQ+ rights | Strongly supported in large cities, with 66% supporting same-sex marriage in 2017 |
| Hate crimes | Criminal acts based on sexual orientation are considered hate crimes |
| LGBTQ+ employment discrimination | State law provides protections against discrimination based on sexual orientation and gender identity |
| LGBTQ+ housing discrimination | State law bans discrimination based on sexual orientation and gender identity |
| Healthcare providers and LGBTQ+ | Expected to meet cultural competency standards regarding LGBTQ+ treatment and care |
| Schools and LGBTQ+ | Required to teach LGBTQ+ history, transgender students can choose restrooms and sports teams matching their gender identity |
| Gay and transgender panic defenses | Banned in murder trials since 2014 |
| Gay men on juries | Cannot be legally excluded since 2014 |
| LGBTQ+ members in California Legislature | 10% as of 2022 |
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What You'll Learn
Same-sex marriage legalisation in California
Same-sex marriage has been legal in California since 2013, following a long and complex legal battle.
In 2000, California introduced Proposition 22, which defined marriage as a union between a man and a woman. However, in 2004, San Francisco Mayor Gavin Newsom allowed gay marriage to be officiated within the city, and nearly 4,000 gay couples were married before the California Supreme Court intervened and invalidated these marriages. In 2005, the Freedom to Marry bill was introduced.
In 2008, California was briefly allowing same-sex marriages from June until November, when voters passed Proposition 8, an amendment to the state constitution that defined marriage as between one man and one woman. The same-sex marriages that took place during this period were allowed to remain valid, and California continued to allow domestic partnerships, which granted almost all the same state-level rights as marriage.
In 2013, the U.S. Supreme Court ruled that Proposition 8 was unconstitutional, legalising same-sex marriage in California. This came about as a result of the case of Hollingsworth v. Perry, which overturned Proposition 8 on the basis that it violated federal due process and equal protection clauses. Marriage certificates were issued to same-sex couples shortly after the ruling.
Since then, California has continued to progress LGBTQ rights. In 2014, the state passed a law banning the use of gay and transgender panic defences in murder trials, and requiring healthcare providers to meet cultural competency standards that include understanding and applying cultural and ethnic data to the treatment of LGBTQ patients. In 2017, a "polygamous three-membered gay male couple" (throuple) was legally recognised on a birth certificate for the first time in U.S. history. In 2020, California allowed a gay man to have a license plate with 'QUEER' written on it, on the grounds of freedom of speech under the First Amendment.
In 2023, California still had an anti-gay marriage law on its books, Proposition 8, which voters had approved in 2008. However, the California Senate approved a proposal to enshrine the right to same-sex marriage in the state constitution, sending the issue to voters in 2024. On November 5, 2024, California voters passed Proposition 3, a constitutional amendment that enshrined the right to same-sex marriage in the state constitution, with 63% of the vote.
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LGBTQ+ rights and protections
California is regarded as one of the most progressive states in the US when it comes to LGBTQ+ rights and protections. Same-sex sexual activity has been legal in the state since 1976, and the state has been at the forefront of progressing LGBTQ+ rights ever since.
Marriage and Family Rights
Same-sex marriage was legalized in California in 2013 after the US Supreme Court affirmed a lower court's ruling that Proposition 8, which banned same-sex marriage, was unconstitutional. California was the second state to enshrine the right to same-sex marriage in its state constitution in 2024. Same-sex couples in California also have the same adoption and family planning rights as heterosexual couples.
Discrimination Protections
California law provides extensive protections for LGBTQ+ individuals, particularly in the areas of housing, credit, public accommodations, labor, and employment. It is illegal for businesses and government entities to discriminate against individuals on the basis of sex, gender identity, gender expression, sexual orientation, and transgender status. Additionally, public schools are required to teach LGBTQ+ history and transgender students are allowed to use the restroom and join sports teams that align with their gender identity.
Healthcare Rights
California law mandates that healthcare providers meet cultural competency standards that include understanding and applying cultural and ethnic data to the treatment of LGBTQ+ communities. Transgender individuals are permitted to change their legal gender on official documents without medical intervention, and mental health providers are prohibited from engaging in conversion therapy on minors.
Privacy Rights
Under California law, individuals have a protected right to privacy regarding their sexual orientation and gender identity. This includes the right to control the disclosure of this information to others, such as parents or family members.
Hate Crime Protections
California law provides penalty enhancements for crimes motivated by the victim's actual or perceived sexual orientation or gender identity. Additionally, California was the first state to ban the use of gay and transgender panic defenses in murder trials.
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Adoption and parenting laws
California has been a key player in progressing LGBTQIA+ rights, although it has not always been a linear journey. In 2008, California passed Proposition 8, a marriage equality ban. However, in 2017, the Supreme Court affirmed marriage equality at the national level, meaning same-sex couples have the right to be on their children's birth certificates and be legally recognised as parents.
Same-sex adoption has been legal in California since 2003, allowing step-parent adoption and joint adoption between same-sex couples. In California, same-sex couples enjoy the same rights to custody, visitation, and child support as opposite-sex partners. However, to exercise these rights, one must first establish themselves as the child's legal parent. A legal parent has gained formal recognition through birth, adoption, or some other legal proceeding. Legal parents have the right to make decisions about their child's health, medical procedures, education, religious exposure, and social upbringing.
California law allows up to three parents to be listed on a child's birth certificate, accommodating the rights of a child's other biological parents. This gives all parties involved the ability to exercise their parental rights and sue for custody during a dispute. In 2019, a law was passed, taking effect on 1 January 2020, that grants automatic recognition of the non-genetic, non-gestational mother as a legal parent to a child born via donor insemination, even if the couple is unmarried.
LGBTQIA+ families wanting to adopt in California are included equally with services. The adoption process for same-sex couples is no different than it is for other adoptive parents. However, it is important to note that religious institutions are not required to perform same-sex marriages, although many are welcoming to gay and lesbian couples.
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Healthcare provider standards
In California, LGBT individuals are protected by law from discrimination in healthcare. This means that LGBT patients cannot be denied coverage or care based on their sexual orientation or gender identity. 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 has over a hundred Planned Parenthood Health Centres that train providers on working with LGBTQ+ patients, offering services such as hormone therapy, mental health services, PrEP, and STI testing.
LGBTQ+ individuals in California can face challenges in finding healthcare providers who affirm their identities and are a good fit for their health needs. Word-of-mouth and local networks remain important sources of recommendations for LGBTQ-affirming providers. Organisations such as the California LGBTQ Health & Human Services Network provide resources to help individuals find LGBTQ-affirming healthcare providers.
Healthcare providers in California are required to provide timely access to care. For urgent healthcare needs, an appointment must be available within 48 hours, while appointments with primary care providers and mental health providers must be available within 10 days.
California has been a leader in progressing LGBT rights, including marriage equality and anti-discrimination laws. Same-sex marriage became legal in California after a U.S. Supreme Court ruling in 2013, and the state has since updated its marriage laws to use gender-neutral terms such as "spouse". California was also the first state in the U.S. to ban the use of gay and transgender panic defences in murder trials.
Overall, California has comprehensive healthcare provider standards that aim to protect the rights and meet the needs of LGBTQ+ individuals. These standards include cultural competency training, timely access to care, and legal protections against discrimination. However, there may still be challenges in finding LGBTQ-affirming providers, and ongoing efforts are needed to ensure equal access to quality healthcare for the LGBTQ+ community in California.
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Housing and employment discrimination
California has been a key player in progressing LGBTQ+ rights, but the journey has not always been linear. In 2000, Proposition 22 deemed only marriages between a woman and a man valid. However, in 2004, San Francisco Mayor Gavin Newsom allowed gay marriage to be officiated within the city, and nearly 4,000 gay couples were married before the California Supreme Court intervened. In 2024, California voters passed Proposition 3, enshrining the right to same-sex marriage in the state constitution.
California law bans discrimination based on "actual or perceived" sexual orientation, gender identity, and/or gender expression. This means that individuals are protected even if their employer is mistaken about their identity. It is illegal for employers to discriminate against, fire, demote, fail to hire, fail to promote, harass, or otherwise treat unequally (such as by paying a lower wage or denying benefits) individuals because of their sexual orientation, gender identity, and/or gender expression. The California Fair Employment and Housing Act (FEHA) and Title VII of the federal Civil Rights Act (Title VII) protect the majority of employees in California, but certain employees of religious entities and very small employers (less than 5 employees) are exempt from these laws. Federal discrimination protections apply to entities with at least 15 employees.
Housing discrimination is also prohibited in California. The federal Fair Housing Act, as interpreted by the Supreme Court in Bostock v. Clayton County (2020), prohibits discrimination by most landlords on the basis of sexual orientation and gender identity as a form of sex discrimination. California's FEHA similarly prohibits housing discrimination based on sexual orientation or gender identity. Violations of FEHA include refusing to sell, rent, or lease housing to protected individuals, refusing to negotiate, or misrepresenting the availability of housing accommodations.
California has also implemented other measures to protect LGBTQ+ individuals. For example, doctors, nurses, and other healthcare providers are expected to meet cultural competency standards, including understanding and applying cultural and ethnic data to the clinical care process for LGBTQ+ communities. Conversion therapy for LGBTQ+ youth is illegal, and gender-affirming care must be covered by employer-provided health plans and Medi-Cal. Additionally, individuals have the right to use restrooms consistent with their gender identity in public settings and at their workplaces, and employers cannot dictate which restrooms are used. Public schools are required to teach LGBTQ+ history, and transgender students can choose restrooms and sports teams that match their gender identity.
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Frequently asked questions
Yes, same-sex marriage has been legal in California since 2013.
California has been a key player in progressing LGBTQ+ rights, but it has not always been a linear journey. Here is a timeline of key events:
- 1977: The State Legislature passes an anti-marriage law.
- 2000: Proposition 22 is passed with 61% of the vote, deeming valid only marriages between a woman and a man.
- 2004: San Francisco Mayor Gavin Newsom allows gay marriage to be officiated within the city.
- 2005: The Freedom to Marry bill is introduced.
- 2006: The California Supreme Court rules that the ban on same-sex marriage is unconstitutional.
- 2008: California voters pass Proposition 8, an amendment stating that marriage could only be between one man and one woman.
- 2013: The U.S. Supreme Court affirms a lower court's ruling, legalizing same-sex marriage in California.
- 2023: The California Senate approves a proposal to enshrine the right to same-sex marriage in the state constitution, sending the issue to voters in 2024.
Same-sex couples in California have many of the same rights as married couples, including the right to adopt children. They also have access to pre- and post-nuptial agreements, wills, trusts, estate planning, divorce, and more. Additionally, California law provides protections against employment and housing discrimination based on sexual orientation and gender identity.
Religious institutions are not required to perform same-sex marriages, but many are welcoming to gay and lesbian couples.
Public opinion on same-sex marriage in California has varied over time. Surveys have shown mixed views, with some indicating strong support for LGBTQ+ rights and same-sex marriage, while others have shown opposition. In 2017, a survey found that 66% of Californians supported same-sex marriage.
