Gay rights
supporters cheered loudly from the California statehouse
gallery as lawmakers became the first in the country to
approve a bill allowing same-sex marriages. But their
celebration may be short-lived. The legislation could
be vetoed by Gov. Arnold Schwarzenegger, who has
expressed acceptance of same-sex marriages but said it's an
issue that should be decided by voters or the courts.
"He will uphold whatever the court decides,"
spokeswoman Margita Thompson said Tuesday after the
state assembly approved the same-sex marriage measure,
41-35. The senate approved the legislation last week.
A state appellate court is considering appeals
of a lower court ruling that overturned California
laws banning recognition of same-sex marriages. And
opponents of marriage equality for gays are trying to
qualify initiatives for the 2006 ballot that would amend the
state constitution to ban same-sex marriages.
The bill's supporters compared the legislation
to earlier civil rights campaigns, including efforts
to eradicate slavery and give women the right to vote.
"Do what we know is in our hearts," said the bill's
sponsor in the assembly, San Francisco Democrat Mark Leno.
"Make sure all California families will have the same
protection under the law."
"Today in California, love conquered
fear, principle conquered politics, and equality
conquered injustice," said Geoffrey Kors, executive
director of Equality California. "For the first time in
our nation's history, the people's elected
representatives have taken a stand to protect all
families and ensure equality for all. We are counting
on Governor Schwarzenegger to lift the burden of
discrimination from hundreds of thousands of
California families by becoming the first governor in
the nation to sign legislation ending discrimination against
same-sex couples obtaining a civil marriage license. His
legacy will in large part be based on whether he signs
or vetoes this historic civil rights legislation."
"Now that the people of California have
spoken through their elected representatives, we call
on the governor to respect this decision and the
legislative process and allow this legislation to become
law," added Patrick Guerriero, president
of the gay political group Log Cabin Republicans.
"Governor Schwarzenegger has been a committed ally of
LGBT equality, and we thank him for his support in the
fight for basic fairness for our families."
But opponents repeatedly cited the public's vote
five years ago to approve Proposition 22, which
prohibits California from recognizing same-sex
marriages performed in other states or countries. "History
will record that you betrayed your constituents and their
moral and ethical values," Republican assemblyman Jay
La Suer said.
Leno had sponsored an earlier bill that fell
four votes short of passing the assembly in June. He
kept the issue alive by adding the language of the
defeated measure to another bill that had already passed the
assembly and was awaiting action in the senate. The
senate approved that bill and sent it back to the
assembly for another vote. Four Democrats who didn't
vote the last time tipped the scales.
One of them, Assemblyman Tom Umberg, said
Tuesday that he was concerned about what his three
children would think of him if he didn't join those
"who sought to take a leadership role in terms of tolerance,
equality, and fairness."
California already gives same-sex couples many
of the rights and duties of marriage if they register
with the state as domestic partners. Massachusetts's
highest court ruled in November 2003 that the state
constitution guarantees same-sex couples the right to marry.
The nation's first state-sanctioned same-sex weddings
began taking place there in May 2004. Vermont began
offering civil unions in 2000, after a ruling by the
state's supreme court. Earlier this year Connecticut became
the first state to approve civil unions without being
forced by the courts.
"We believe Governor Schwarzenegger
values family, and this measure simply provides equal
protections and obligations for same-sex couples and
their children," said Jennifer Chrisler, executive
director of the Family Pride Coalition. "This
is one of those rare moments in history when a
governor has a true opportunity to...make a legacy-making
decision. The question now is...Will he stand for civil
rights by signing this historic civil rights
legislation, or slam the door to equality in the faces
of hundreds of thousands of California families? We join
with our partners in California and throughout the
country in calling on Governor Schwarzenegger to do
the right thing by signing this measure." (AP)
