Knight

In March 2000, a majority of California’s voters approved Proposition 22, codified in Family Code section 308.5, which states: “Only marriage between a man and a woman is valid or recognized in California.” (We shall refer to this as the defense of marriage initiative or Proposition 22.)

Thereafter, the Legislature enacted Family Code section 297.5, effective on January 1, 2005, which states in part: “(a) Registered domestic partners shall have the same rights, protections, and benefits, and shall be subject to the same responsibilities, obligations, and duties under law, ... as are granted to and imposed upon spouses.” (We shall refer to this as the domestic partners act.)

Petitioners filed a complaint for declaratory and injunctive relief, seeking a determination that the Legislature’s enactment of the domestic partners act is void because, they argued, it in effect amends Proposition 22, the defense of marriage initiative, without obtaining separate approval of the voters, which petitioners believe was required by article II, section 10, subdivision (c), of the California Constitution. This constitutional provision states that a legislative amendment of an initiative…