Same-sex marriage is undergoing a legal battle in the state of California, and while it was once permitted it is now on hold until further notice. Gay marriage was legalized in the state in May of 2008, when a previous ban was lifted by the California Supreme Court.http://www.latimes.com/news/la-me-gay-marriage17-2008may17,0,7229587.story However, voters elected to ban gay marriage once again in November of that same year with the controversial Proposition 8. Proponents of same sex marriage appealed Prop 8, and now it is making the appellate court rounds until the fate of the bill (and along with it, same sex marriage) has been decided. Many believe that this case will end up in the United States Supreme Court.http://www.nytimes.com/2010/08/17/us/17prop.html

While it is not currently possible for same sex couples to marry in California, this guide on how to do same sex marriage in California will explain the steps that were necessary in the past and may possibly be followed again in the future should the bam be lifted.

• Before determining that you wish to marry in the state of California, consider these facts about the current legal climate and additional restrictions.

1. You do not need to be a California resident to be married in California.
2. Domestic Partnerships continue to be legal in California.
3. The federal government will not recognize same-sex marriages performed in California.
   • Therefore partners cannot, for example, file their taxes jointly or receive Social Security benefits.
4. If you are part of a binational couple, immigration will not be automatic upon marriage. Unlike heterosexual couples, gay and lesbian marriages are not eligible for permanent resident application if one spouse is a citizen and the other is not.
5. Not all states will recognize your marriage in California.
   • Some states may recognize Domestic Partnership instead.
6. There is an initiative scheduled for the November 2008 ballot to add an amendment to the California state constitution to prohibit gay marriage.

• You'll need to apply for a marriage license to make your union official.

1. Both you and your partner will need to fill out an application at a Registrar's or County Clerk's office.
   • You may be able to start your application online and simply go in person to verify your identities.
2. Find a County Clerk's office through the California Department of Public Health, look them up in the phone book, or visit this list of California marriage license locations.
3. Both you and your partner will need to show a valid example of picture identification, such as a driver's license, passport, or military ID.
   • You may also need a birth certificate, so check with the county's requirements before heading there.
4. Blood tests are not required for an application to marry.
5. Fees will likely vary by county. In Monterey, for example, it's $75 for a marriage license.
6. If you have been married previously, you may need proof of that marriage's dissolution.
   • Again, review all requirements in your county carefully before making your application.

• You'll need to choose an officiant to marry you who is recognized to do so by the state.

1. You can be legally married in California by:
   • • A priest, rabbi or minister of any faith
     • A judge or retired judge at the state or federal level, or one who practices in bankruptcy or tax court, or in the U.S. Supreme Court
     • A United States magistrate, in practice or retired
     • A commissioner of civil marriages, practicing or retired
     • A legislator, constitutional officer of the state or member of Congress representing California
2. California Mayor Antonio Villaraigosa has offered to officiate as many same-sex marriages as he possibly can.
3. For a fee, which varies by county (but should be less than $50), you can be married in a county office by a civil commissioner of marriage.Equality California: Who can marry us?
4. You can also have a friend marry you by registering in the "Deputy Commissioner for a Day" program, which you can learn more about on different county websites.

• See Mahalo's guide to How to Choose a Wedding Officiant for more ideas.

• Whether you choose a civil ceremony at a courthouse or intend to plan a lavish display for a host of friends and family, it's entirely up to you.

1. For a more elaborate affair, see Mahalo's guides to Weddings, How to Make a Wedding Budget and How to Have a Green Wedding.
2. You may also need the Honeymoon page, or How to Take a Volunteer Honeymoon!
3. Still having doubts about how to ask your partner to share your lives together? Check out How to Propose to Your Partner for creative ideas.