California
Legislature Approves Same-Sex Marriage
Gov. Schwarzenegger
Faces Difficult Choice in Handling Contentious Issue
By Joe Dignan and
John Pomfret, washingtonpost.com September 7, 2005
SACRAMENTO, Sept. 6 -- The
California Assembly voted Tuesday to allow gay and lesbian couples to marry,
making the state's legislature the first in the nation to deliberately approve
same-sex marriages and handing a political hot potato to an already beleaguered
Gov. Arnold Schwarzenegger (R).
After a heated floor debate in which legislators quoted the Pledge of Allegiance
and accused each other of abusing moral principles, the state Assembly passed
the Religious Freedom and Civil Marriage Protection Act, which recasts the
definition of marriage as between "two persons," not between a man and a woman.
The state Senate passed the bill last week.
"There are moments in the history of any movement when the corner is turned,"
said Geoff Kors, the executive director of Equality California, a gay rights
group. "This is it. This is the tipping point."
Advocates of the bill, including Christine Chavez-Delgado, granddaughter of
Cesar Chavez and an organizer of the United Farm Workers of America, and Willie
Brown, former mayor of San Francisco, argued that the bill fit into California's
sense of itself as a trendsetter for the rest of the country. In 1948, the
California's Supreme Court became the first state court to strike down a law
prohibiting interracial marriage. And California in 1977 was one of the
first states to repeal sodomy statues.
But opponents, including Republican conservatives, have argued that the law must
be stopped in the nation's most populous state because it constitutes another
assault on the sanctity of the family. Californians passed a defense of
marriage act in 2000 -- which defined marriage between a man and a woman, and
the state, which mixes free-wheeling Marin County with culturally conservative
Orange County, has emerged as a front line in the battle over the bedroom ever
since.
"Marriage should be between a man and a woman, end of story. Next issue,"
insisted Assemblyman Dennis Mountjoy (R-Monrovia). "It's not about civil
rights or personal rights, it's about acceptance. They want to be accepted
as normal. They are not normal."
Tuesday's 41 to 35 vote amounted to more difficult news for Schwarzenegger, the
Republican actor-turned-politician who roared into Sacramento on the back of a
recall election in 2003 promising fundamental change. Schwarzenegger, who
has taken on teachers, nurses and other state workers, has seen his popularity
lag in recent months. A Field Poll of registered voters early this month
put the governor's approval rating at 36 percent -- an all-time low.
If he vetoes the bill, Schwarzenegger will retain the support of his GOP base,
which he needs in a special election he has called for November. But he
could also alienate many Democrats who voted for him and whose backing he still
covets. In the special election, Schwarzenegger is asking voters to grant
him more budget-cutting power, to block gerrymandering by placing legislative
redistricting in the hands of retired judges and to make public school teachers
work five years instead of two before they win tenure.
"This puts Schwarzenegger on the hot seat," said Bruce Cain, professor of
political science at University of California at Berkeley, who predicted the
governor would veto the bill. "I think it's a slam dunk that he's going to
have to veto the bill and hope that the anger in the gay community doesn't spill
over into other groups."
However, other political strategists said Tuesday's vote would force
Schwarzenegger to parse his own personal mix of fiscal conservatism and liberal
social views. As a former Hollywood star, he hails from a social milieu
where gay men and women occupy key positions and he has spoken glowingly about
his friendships with people of all sexual persuasions.
"I think the governor's going to be in a difficult position because during the
campaign his positions were ambiguous on the issue," said Arnold Steinberg, a
political strategist who generally works with Republicans.
The legislature's move goes farther than other states such as Vermont and
Connecticut, which have passed legislation allowing more strictly defined "civil
unions." And it differs from Massachusetts, the only state to grant full
marriage rights to same-sex couples, because the Massachusetts' regulations were
passed by order of the state's courts, which ruled that a ban on gay marriage
was unconstitutional.
California is already one of the most gay-friendly states in the nation.
Its domestic partnership legislation grants same-sex couples most of the
benefits of married couples except a few, such as the right to jointly file
income tax returns, the right to bring a foreign partner into the United States
and right to pass on Social Security benefits to a spouse. So far more
than 30,000 same-sex couples are registered in California as domestic partners.
The assemblymen were aware that they were making history, and their debate
Tuesday night -- to a packed gallery -- focused on whether they should vote
their conscience or represent the wishes of their constituents. Slavery,
the Bible and the Pledge of Allegiance were wielded by both sides in a piece of
political theater rarely seen in Sacramento.
"There are a handful of issues where history will record where we were.
This is one of them," said Thomas Umberg (D-Anaheim), who had abstained in a
vote on the issue in June but voted "yes" Tuesday night.
"History will record that you betrayed your constituents and their moral and
ethical values," countered Jay LaSuer, his Republican counterpart from La Mesa.
Pomfret reported from Los Angeles; Dignan is a special
correspondent. Special correspondent Sonya Geis contributed to this
report.
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