Article 8, Section 7 Same-Sex Marriage


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Same Sex Spouses



08.07.01 Same-Sex Spouses



On May 15, 2008, the California Supreme Court ruled that the Constitutional right to marry under the California Constitution applies to same sex couples as well as to opposite sex couples. The decision became final and effective at 5:00 PM on June 16, 2008.


In November 2008, voters approved Proposition 8, which amended the State Constitution by eliminating the right of same sex individuals to marry in California. Proposition 8 became effective November 5, 2008.


Similar to registered domestic partnerships, marriages between individuals of same sex are not recognized by the federal government. Therefore, with the exception of spousal impoverishment, no federal reimbursement for Medi-Cal costs may be claimed. Effective January 1, 2012, AB 641 extends spousal impoverishment undue hardship provisions to same-sex spouses with a spouse receiving nursing facility level of care.


The rights and responsibilities provided under California Domestic Partners Rights and Responsibilities Act of 2003 for state-only funded programs shall also extend to spouses of same-sex marriages.


MPG Letter 777 (03/2013)




















ACWDL 12-36


Case Processing

The procedures used in determining eligibility to Medi-Cal for RDP MPG 08.06.01) shall also apply to spouses of same sex who were married legally and whose marriage has not been dissolved or annulled. Legally married same-sex spouses is defined as:


   Married in California on or after 5:00 PM on June 16, 2008 and before November 5, 2008; or

   Married outside of California as long as they are current residents of California and the marriage was valid by the laws of the jurisdiction in which the marriage was contracted.