Understanding Marriage Laws in California

I often take the time to read about contemporary shifts in the social constructs that govern the working of our society. One thing that I have noticed, is how the changes in our marital laws – and the shifting notions of what constitutes a legal marriage – has a definite impact on the educational system. California law does not recognize “common law” marriage, which is an agreement entered into by two people to act as husband and wife, but without the benefit of a legal document recognizing the relationship. Therefore, a couple living together as man and wife, who have never legally married, are not legally married in California. The State of California’s recognition of marriage, therefore, is a discrete legal relationship stemming from a contract, which exists once the parties have been officially recognized by a legal entity.

That being said, a couple can enter into a domestic partnership in California, whereby they are granted the benefits and protections given to those who are legally married; and a domestic partnership can be noted in California on an official legal document, such as a driver’s license. The problem is that many Americans, who are deeply committed to their “common law” marriages, don’t know about domestic partnerships in California, and generally, are ignorant of the fact that there is a legal mechanism available for acknowledging this new form of partnership.

For those who may question the point of this discussion, it is well-worth examining the broader implications of the pedagogical concern over changing definitions of the law, particularly as it relates to marriage. Many of the teachers now in the work force are the children of divorced parents who remarried. Therefore, these educators, who are working in the classroom to explicate the critical issues of working to end discrimination against gay and lesbian partners, are also contending with the need to not confuse their students as it relates to what would be concomitant with their parents’ relationships.

For example, a teacher’s ex-husband could be living with another woman and raising children, while marrying another man. What then does this teacher say in the classroom when a student asks about her family? What parable does the teacher give about what a “proper” home is like, compared to the one that the child lives in? How does the teacher deal with the issue of “equal protection” under the law, since there is no equal protection afforded for comprehensive approaches to common law marriage in California?

How does the teacher talk about monogamous relationships, when so many young people are having affairs with other persons of the same sex, or with people of opposite gender of the same race? Obviously, to some degree, there must be some ambiguity to avoid offending students by labeling their parents. At the same time though, the teacher must fill the role of educating these students about the law and its varied complexities.