NVR Logo
Assembly committee OKs gay marriage bill despite veto threat
Wednesday, April 11, 2007
Save and Share Share
SACRAMENTO — A state Assembly committee voted Tuesday for a bill that would allow gay couples to marry, despite a veto threat and a continuing debate over the legislation’s constitutionality.

The Judiciary Committee approved the bill by Assemblyman Mark Leno, D-San Francisco, sending it to the Appropriations Committee, the last stop before the Assembly floor.
The 7-3 vote split along party lines, with Democrats backing the proposal and Republicans opposing it.

Lawmakers approved a nearly identical measure in 2005, but it was vetoed by Gov. Arnold Schwarzenegger. The governor argued that it violated Proposition 22, an anti-gay marriage initiative adopted by California voters in 2000.
The Republican governor told a group of high school students in February that he would turn down the bill again if it reached his desk this year. But Leno said lawmakers should keep trying.

“The time has come for California to honor its commitment to equality for all Californians by allowing each of our citizens the right to marry the person he or she loves,” he said.
He said failure to allow same-sex marriages would deny a long list of benefits to gays, including pension, health care and veterans’ benefits available to married couples.

The bill’s opponents, agreeing with Schwarzenegger, said the state Constitution prevents the Legislature from authorizing gay marriages unless voters first overturn Proposition 22.

“The Constitution says clearly that this Legislature cannot trump the vote of the people of California,” said Randy Thomasson, president of the Campaign for Children and Families. “The vote of the people of California seven years ago was to say only marriage between a man and a woman is valid or recognized in California.”

But Leno said Proposition 22 was drafted to prevent California from having to recognize gay marriages performed in other states and countries. He said his bill would amend another section of law dealing with marriages performed in California.

Proposition 22’s authors could have broadened the measure’s language to ensure that it also would ban same-sex marriages in California, but they failed to do so because of “sloppiness and error on their part,” Leno said.

“Their intent was to deny same-sex couples respect and dignity under the law,” he said. “They did not do their job well. They created the ambiguity.”

He said recent polls indicate that public support for gay marriage is increasing. But civil rights shouldn’t be decided by a public vote, he added.

“That’s why we have three branches of government — to protect the minority from the tyranny of the majority,” he said.

The debate over the bill’s constitutionality is likely to be decided late this year or early next year by the state Supreme Court, which is weighing whether California’s ban on same-sex marriage violates equal protection, privacy and free expression rights.

———

On the Web:

Read the bill, AB43, at www.assembly.ca.gov
4 comment(s)

Kevin wrote on Apr 11, 2007 10:52 AM:

" Noreen Evans (Dem - 7th) voted for this bill in Committee. I find it offensive that she would support a bill that is opposed by the majority of California voters. "

Jeremy wrote on Apr 11, 2007 4:08 PM:

" Three of the historical claims made by opponents of same-sex marriage are demonstrably untrue. CLAIM -- the definition of marriage as the union of one man and one woman goes back thousands of years. FACT -- The Judeo-Christian tradition does not speak with one voice on marriage. Polygamy, divorce and concubines are all part of the Old Testament tradition. The most commonly approved form of marriage in the past (and the one mentioned most often in the first five books of the Old Testament) was polygamy - one man, many women. Jesus broke with older religious traditions in prohibiting divorce for men as well as for women. But in doing so, he also challenged the traditional right of a man to take a second wife if the first wife was sterile. Ever since, the validity of a marriage in the Western tradition has not been dependent on ability to procreate. CLAIM -- The Judeo-Christian heritage has always seen marriage as a sacred relationship that must be defended above all others. FACT -- Christianity made marriage a sacrament in 1215, only about 800 years ago. CLAIM -- marriage has endured for thousands of years without change. FACT -- It is heterosexual couples who have been tampering with marriage for the past 200 years. Heterosexuals repealed the old laws mandating wives' subordination to husbands and prohibiting divorce. It was a lawsuit involving a heterosexual Connecticut couple that led the Supreme Court to overturn laws forbidding the sale of contraceptives, thus giving married people the right to decide not to have children. Heterosexuals also pioneered assisted reproduction, allowing couples who cannot have children to become parents anyway. And it was heterosexuals who repealed the legal definition of marriage as the union of a husband who must play one role in the home and a wife who must play a different one. Until the 1980s, courts said that the husband must support the family; the wife had no such duty. Wives were charged with keeping house, rearing children and providing other personal services. That is why a man could not be charged with marital rape and a woman could not sue for loss of personal services in the event of her husband's death. Only in the 1980s did courts redefine marriage as a union of two people with reciprocal, not complementary, duties. BOTTOM LINE -- Once marriage came to be seen as an institution bringing together two individuals based on mutual affection and equality, without regard to rigidly defined gender roles or the ability to procreate, it's not surprising that gays and lesbians said, "That now describes our relationships too, so why can't we marry?" If you don't like these changes in the institution, blame your grandparents, not the gay and lesbian couples seeking entry into this new model of marriage. (excerpts from an article by Stephanie Coontz) Stephanie Coontz teaches history at The Evergreen State College, in Olympia, Wash. She wrote "Marriage, A History: How Love Conquered Marriage" (Viking, 2006). "

Good! wrote on Apr 11, 2007 5:30 PM:

" No better way to guarantee a strong conservative turnout at the next election. Remember, CA voters shot down gay marriage by a wide margin. The CA State Supreme Court even shot it down. Way to go lib's, way to help swing CA GOP in 08'. "

Cindy wrote on Jun 13, 2007 1:12 PM:

" Then bigamy and polygamy should also be legalized, if they aren't already due to the CA Confidential Marriage Certificate! A common tool to avoid bigamy charges. Ca state law allows Confidential Marriages with a minimum of fuss: no marriage license, no blood test, no three-day waiting period and, best of all, no public record that the marriage ever took place. growing numbers of couples are using the law to avoid red tape and keep word of the marriages from parents and friends. In 1972, only 532 such weddings were performed in Los Angeles County and adjacent Orange County. Last year it was 12,212. 'It's one of the greatest laws,' says Edie Steinmetz, owner of the Doves of Happiness Wedding Chapel in Inglewood, a leader in the state's $700,000-a-year secret-marriage industry. 'It allows a lot of people to get married who otherwise would not be able to'—including the already married. Couples fill in a confidential marriage form, which is filed with the county clerk and is then unavailable for inspection by anyone. That makes it easy for applicants’ intent on bigamy. Says William St. John, Orange County clerk: 'There is nothing on the form that requires a couple to say how long they have been living together, if they had a previous marriage or divorce, and if the divorce is finalized.' So a bisexual CA man can have a wife in a conventional mariage and a gay spouse in a CA Confidential Marriage Certificate. You develop and live two lives. One secret life, with the blessings of the Ca Confidential Marriage Certificate, knows all about you and still loves you, the bigamist/polygamist gay spouse. Another life is your public mask who knows only the mask, one wife. That's why Jimmy Olson was Superman's sidekick. "

Comment Guidelines
The goal of the story comments section at NapaValleyRegister.com is to have an open, thought-provoking, civil community forum for all issues.
What gets your comment posted?
• Staying on topic
• Keeping your comment to 300 words or less
• Avoiding name-calling
• Addressing your comments to the message rather than the messenger
What gets your comment deleted?
• Personal attacks
• Derogatory remarks
• Name-calling of any sort
• Going off-topic
• Hate speech
• Racially-insensitive comments
• Implying guilt of a subject in a crime story before there is a court verdict
• Posting e-mail addresses
• Posting comments of a commercial nature
• POSTING WITH ALL CAPITAL LETTERS
• Linking multiple comments together with "to be continued..." to get around the 300 word limit.
The fine print
- Comments are either approved or denied. We do not edit comments.
- You are welcome to modify and resubmit a denied comment.
- Comments may take several hours to be posted.
- Comments posted are those of the writer, and do not necessarily reflect the opinion of NapaValleyRegister.com, its employees or its parent company.
- Do you have information on a story? Please go to our virtual newsroom to send us a news tip.
- If you feel a posted comment has violated our guidelines, please contact online@napanews.com or add a comment indicating you have an issue and our moderators will review the comment in question.
Search:
Advanced searchWeb Search Powered By Yahoo! Search
Copyright © 2009 Napa Valley Publishing, a member of Lee Enterprises, Inc.
Terms of Use | Privacy Policy