- One is called "domestic partnership"; the other, "marriage."
- Marriage is limited to opposite-sex couples only; domestic partnership is limited to same-sex couples only unless both partners are 62 or older and meet other requirements.
- Domestic partnerships are formed by notarized registration rather than license and ceremony as with a marriage.
- If a domestic partnership has been in effect for less than five years, there are no children, neither partner is pregnant, there is no jointly held real estate and little joint property and/or debt, then it can be dissolved administratively; otherwise, the procedure is the same as the divorce proceedings needed to dissolve a marriage.
According to California state law, same-sex married couples have the same rights as do opposite-sex married couples. This includes same-sex couples that were legally married in California in 2008 before Proposition 8 was enacted, as well as same-sex couples that were married in other jurisdictions. Moreover, parties to a California registered domestic partnership also have the same rights and responsibilities as a legally married couple. This includes parties to an out-of-state "comprehensive" domestic partnership (such as those in Nevada, Oregon and Washington state).
Whatever controversy persists concerning California's Proposition 8 relates solely to right of same-sex couples to legally marry in California. California statutes have all been amended to provide the same rights and responsibilities to same-sex couples even if they cannot legally marry in California.