Does the state of California recognize same-sex marriages legally performed in New Hampshire?

Answer 1

Yes. Even though New Hampshire didn't begin issuing same-sex marriage licenses until January 1, 2010 and the state constitution of California banned same-sex marriage beginning November 5, 2008, the state of California does recognize New Hampshire same-sex marriages as "legal unions" pursuant to sections (a) and (c) of the California Family Code Section 308 and provides them with all the same rights and responsibilities as a legal marriage, except that they are not legally called "marriages."

California Family Code Section 308

(a) A marriage contracted outside this state that would be valid by the laws of the jurisdiction in which the marriage was contracted is valid in this state.

(b) Notwithstanding any other provision of law, a marriage between two persons of the same sex contracted outside this state that would be valid by the laws of the jurisdiction in which the marriage was contracted is valid in this state if the marriage was contracted prior to November 5, 2008.

(c) Notwithstanding any other provision of law, two persons of the same sex who contracted a marriage on or after November 5, 2008, that would be valid by the laws of the jurisdiction in which the marriage was contracted shall have the same rights, protections, and benefits, and shall be subject to the same responsibilities, obligations, and duties under law, whether they derive from the California Constitution, the United States Constitution, statutes, administrative regulations, court rules, government policies, common law, or any other provisions or sources of law, as are granted to and imposed upon spouses with the sole exception of the designation of "marriage."