Schwarzenegger hinting that he'll veto

same-sex-marriage bill

 

By JIM SANDERS, Sacramento Bee from the Web, September 7, 2005

 

SACRAMENTO, Calif. -- Gov. Arnold Schwarzenegger's office is hinting that he will veto legislation permitting gay and lesbian couples to marry in California.

Five years after Californians overwhelmingly voted to limit marriage to a man and woman, the state Assembly approved the legislation Tuesday.  It would make California the first state to sanction gay marriage without court intervention.

Supporters lined up to hug Assemblyman Mark Leno, D-San Francisco, after his bill passed the Assembly by a razor-thin margin following nearly 90 minutes of emotional debate.

The final vote was 41-35, the bare minimum needed for passage.  Leno hailed the vote as a victory for liberty and equality.

"This is one of those kinds of bills that only happen when like-minded people take the step together," he said.

In a statement, Schwarzenegger spokeswoman Margita Thompson stopped short of saying the Republican governor would veto the bill, but suggested proponents have little reason for hope.

"The people spoke when they passed Proposition 22," the statement said.  "The issue subsequently went to the courts.  The governor believes the courts are the correct venue for this decision to be made.  He will uphold whatever decision the court renders."

When San Francisco moved to grant marriage licenses to gay and lesbian couples last year, Schwarzenegger said the action posed "an imminent risk to civil order" and asked state Attorney General Bill Lockyer to intervene to require the city and county to comply with state law.

Later, Schwarzenegger told Jay Leno on "The Tonight Show" that he believes in domestic partnership.  But he added he wouldn't mind if Californians voted to legalize gay marriage, saying, "If the people change their minds and want to overrule that, that's fine with me."

Democratic political consultant Roger Salazar said Schwarzenegger, already struggling in the polls, would risk losing core Republican voters if he signed the bill.

Opponents accused Democrats of betraying Californians who five years ago approved Proposition 22, which limits marriage to a man and a woman.

"We disrespect and undermine what we stand for as a democracy when we don't listen to the people," said Assemblyman Mark Wyland, R-Del Mar.

Mark Leno claims that Proposition 22 applies only to state recognition of marriages that occur outside of California.

Tuesday's vote reversed a June 2 vote by the Assembly, which rejected Leno's gay-marriage proposal by four votes.

Leno subsequently amended his legislation into a separate bill in the Senate, and it passed the upper house last week, 21-15.

To survive Tuesday's vote, Leno's bill needed four Assembly members to change their minds and support gay marriage -- and he got them.

The bill has been the subject of intense lobbying on all sides.

Latino legislators were seen as critical in deciding its fate.  The United Farm Workers union and its state political director, Christine Chavez, have been intensely involved in lobbying for the bill.  Dolores Huerta, who co-founded the UFW, has been vocal about her support for gay marriage and attended Tuesday's Assembly vote.

The bill requires California to recognize gay marriage as a gender-neutral civil contract between two people.

The legislation does not require churches to honor same-sex unions.

Two years ago, Massachusetts became the only state to recognize gay marriages under an order from its state Supreme Court.  Vermont and Connecticut recognize civil unions between gay and lesbian couples.

Assembly opponents criticized same-sex marriages as immoral and a betrayal of family values.

Assemblyman Ray Haynes, R-Murrieta, accused lawmakers of engaging in "social experimentation" that will affect generations of Californians.

Assemblyman Jay La Suer, R-La Mesa, said supporters are "betraying your constituents and their moral and ethical values."

Supporters were equally passionate about the issue.

Assemblywoman Judy Chu, D-Monterey Park, likened the ban on gay marriages to discrimination against weddings involving Chinese and whites in the late 1800s.

"Marriage laws are not made in some divine, untouchable place beyond the reach of mortals," she said.  "Just as humans have passed unjust marriage laws, humans can undo them."

Assembly Speaker Fabian Nunez, D-Los Angeles, said he cannot support state laws that give more rights to heterosexual lawmakers than to gay colleagues Leno, Jackie Goldberg and John Laird.  "I do not deserve any right that cannot be afforded to you," he told them.

Added Assemblywoman Patty Berg, D-Eureka:  "Let us remember that slavery was always the law until some brave citizens stood up and said, 'This is not right.' "

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