Same-Sex Marriage in Santa Clara County — Everything You Need to Know

Written by the Santa Clara County Office:

Following the U.S. Supreme Court’s decisions in the same-sex marriage cases, the County of Santa Clara is ready to provide marriage licenses and ceremonies to same-sex couples as soon as it is authorized to do so.

By holding that the proponents of Prop. 8 lacked standing to appeal the U.S. District Court’s 2010 decision striking down the law, the Supreme Court has cleared the way for the District Court’s decision to take effect and for same-sex marriages to begin in California once again. 

As soon as the Supreme Court’s decision becomes final and the Ninth Circuit lifts the stay, the State will authorize counties to accept marriage license applications from same-sex couples and to begin performing marriage ceremonies.  This will likely not take place for at least 25 days.

“I am thrilled that California has achieved marriage equality once again,” said President Ken Yeager, County of Santa Clara Board of Supervisors, who officiated the weddings of the first gay and first lesbian couple on June 17, 2008. “Santa Clara County will proudly marry same-sex couples on the first allowable day. We will be ready to meet the pent-up demand.”

The Clerk-Recorder’s office has taken steps to prepare for increased demand by making sure each of the 27 service windows are able to process marriage applications, and by deputizing a majority of Clerk-Recorder employees to perform marriages. If demand is extremely high, community volunteers who have been deputized by the County to perform marriage ceremonies may also be brought in to help. 

Marriage license applications still use the gender-neutral language of “first person” and “second person” instead of “bride” and “groom,” so forms will not need to be altered.

The County is offering a new Express Marriage Ceremony Service beginning July 1, where walk-in couples can purchase a license to have their ceremony performed at the service window for a fee of $110, plus an additional witness fee of $10.

• Couples can apply for marriage licenses at the Clerk-Recorder’s Office - 70 W. Hedding St., 1st floor. (Free one hour parking in the West Wing parking lot at the corner of Hedding and San Pedro streets)

• The County of Santa Clara Clerk-Recorder's Office currently performs civil marriage ceremonies officiated by deputy marriage commissioners appointed by the Clerk-Recorder. On average, 12 civil marriage ceremonies are performed on a daily basis.

• The fee for the ceremony is $79 and must be paid in person before the date of the ceremony.

• Marriage licenses can be issued the same day as the ceremony.

• A standard Marriage License is $79; Confidential Marriage License is $83.

• Ceremonies can be scheduled for weekdays from 9 a.m. to 3:40 p.m.

• Beginning July 1, walk-in couples who do not want to wait for an appointment will be accommodated through the new Express Marriage Ceremony Service. They may purchase a license to have their ceremony performed at the service window for a fee of $110, plus an additional witness fee of $10.

• The County has one wedding chapel for marriages, but will make two additional chapel facilities temporarily available to accommodate overflow. Up to 17 ceremonies per day could be performed at each chapel, if needed. The Wedding Chapel holds 22 people and is located on the Lower Level, 70 W. Hedding St., both elevator and stair access is available. (NOTE: The wedding chapel is in its final stages of remodeling. The ceremonies are currently at the Clerk-Recorder’s “designated” chapel on the first floor.)

• To schedule an appointment to be trained as a Deputy Marriage Commissioner to perform civil marriage ceremonies, call (408) 299-5688.

BACKGROUND

In 2012, the Clerk-Recorder’s Office issued 9,401 marriage licenses and officiated 3,048 marriage ceremonies. In 2008, the office issued 4,633 marriage licenses and officiated 1,470 ceremonies.

Five years ago, the California Supreme Court’s decision briefly made same-sex marriage legal in California.  June 17, 2008, was the first day that those unions were recognized.  More than 70 volunteers called and offered to serve as Deputy Marriage Commissioners. Dozens of couples married in the County Government Center that day—in the chapel, in conference rooms, in the courtyard, and in the office of President Yeager. As a Deputy Marriage Commissioner, he had the honor of marrying the first gay and first lesbian couple that morning.  Supervisor Yeager performed 10 weddings on June 17, 2008, and nearly 50 by the end of the summer.