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California Supreme Court Upholds Proposition 8

On May 26, 2009, the California Supreme Court rejected constitutional challenges to Proposition 8, but also found the law to apply only prospectively, and does not affect the continued validity of the estimated 18,000 same-sex marriages that occurred prior to its passage.

The initiative was approved by the voters on November 4, 2008, and provided that “only marriage between a man and a woman is valid or recognized in California.”

The Franchise Tax Board (FTB) advises that no action is necessary at this time for affected taxpayers who filed using either the married/Registered Domestic Partners (RDPs) filing jointly or married/RDP filing separately filing status.

FTB said last fall that same-sex married couples must file their 2008 California income tax returns using either the married/RDP filing jointly or married/RDP filing separately filing status. FTB will continue to provide current state income tax information related to same-sex couples on our website. Search for same-sex married couples or get FTB Pub. 776, Tax Information for Same-Sex Married Couples.