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It was signed on August 17, 1977 by Governor Edmund Brown (who also signed its repeal via SB 1306).

Since 1994, this language is found in § 300 of the Family Code.

As of the 2003 California Domestic Partner Rights and Responsibilities Act (effective January 1, 2005), domestic partnerships are considered equivalent to legal definitions of recognized and performed same-sex unions in other states of the United States and other nation-states.

Proposition 22, an initiative passed by voters in 2000, forbade the state from recognizing same-sex marriages.

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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. Horton affirmed that those marriages were still valid after passage of Proposition 8. 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. Schwarzenegger that Proposition 8 was unconstitutional, although on narrower grounds.SB 1306, introduced in February 2014 by Senator Leno and signed by Governor Jerry Brown in July 2014, updated the Family Code to reflect marriage equality in California.It removed unenforceable and discriminatory language against same-sex couples, such as Proposition 22 (2000) and AB 607 (1977), and also modernized the entire code by replacing references to "husband" and "wife" with "spouse(s)".The legislation removed the statutory reference to marriage as a union "between a man and a woman" from the states' Family Code and updated the law with gender-neutral terms to apply to same-sex marriages as well as heterosexual ones.During its passage, some concern was expressed that, by repealing the California Defense of Marriage Act, SB 1306 breached the separation of powers as the legislature would be repealing an initiative passed by the voters.

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