Calif. Governor Will Veto Gay Marriage Bill
California Gov. Arnold Schwarzenegger announced through a spokeswoman on Wednesday that he will veto the bill approved by the legislature on Tuesday that would legalize same-sex marriage in the state.
California Gov. Arnold Schwarzenegger announced through a spokeswoman on Wednesday that he will veto the bill approved by the legislature on Tuesday that would legalize same-sex marriage in the state.
The governor said that the state's voters had already voted in 2000 to ban same-sex marriage in the state, citing a statewide initiative called Proposition 22 that passed overwhelmingly, rejecting the validity of same-sex marriages from out of state.
"We cannot have a system where the people vote and the Legislature derails that vote," said the governor's spokeswoman, Margita Thompson in a statement. "Out of respect for the will of the people, the governor will veto (the bill)," she stated according to the Associated Press.
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The "gender-neutral" bill, which defines marriage as a civil contract between "two persons" was approved Tuesday night by the State Assembly by a vote of 41-35, following a flurry of campaigning by opponents and proponents to influence several swing votes. Now, the legislature can only supersede a veto with a two-thirds majority vote.
The governor's statement on Wednesday made it clear that he believes it is up to the court or voters to decide on the legality of same-sex marriage. However, Assemblyman Mark Leno (D-San Francisco) – who co-authored and led the drive to reintroduce the "gender-neutral" bill to the legislature after it was rejected by the state senate in June – said that the governor's veto would be an "enormous disregard for the deliberation of both houses and the millions of people who wish him to sign the bill," according to AP.
On the other side, Randy Thomasson, president of the California Campaign for Families (CCF), said the vote on Tuesday violated the state constitution, which prohibits overturning voter approved initiatives.
Following the bill's passage on Tuesday, Thomasson issued a statement calling the state legislature "corrupt," and resembling a "dictatorship more than a democracy these days."
Thomasson’s group, which took part in the year-long effort to defeat AB 849/AB 19, thanked the Governor on Wednesday “for understanding the Constitutional restrictions on the Legislature and announcing he will respect the peoples’ vote to protect marriage licenses for a man and a woman.”
“The Governor has spared himself and average Californians much grief with his quick decision,” Thomasson said in a statement released by CCF. “This terrible debacle of destroying the definition of marriage will repeat itself unless the people rise up and support the VoteYesMarriage.com campaign to fully protect marriage in the State Constitution, above the reach of the politicians and judges.”
The Vote Yes Marriage campaign, which Thomasson's group leads, aims to place an initiative on the 2006 California ballots to amend the state constitution by defining marriage as being between one man and one woman. The measure, which some Christian organizations, including the Liberty Counsel endorse, would also prevent "marriage by another name" in the form of "legal unions" that confer the same benefits of marriage to homosexual couples without the using the name "marriage."
Apart from the gender-neutral bill and the Vote Yes Marriage initiative, other battles are being waged in the state regarding the definition of marriage.
Pending in the courts is a case that stems from San Francisco Mayor Gavin Newsom's decree to city clerks to issue marriage licenses to homosexual couples last year. Thousands took advantage of the offer but the licenses were soon invalidated by the California Supreme Court. The matter has been remanded to lower courts.
In addition, another voter initiative to amend the state constitution is in the works called Protect Marriage. The measure, which is supported by Christian group such as the Family Research Counsel and Focus on the Family, aims to also define marriage in terms of one man and one woman but stops short of prohibiting "legal unions."
Currently, Massachusetts is the only state in the nation that allows same-sex marriage. In the United States, there are presently 16 states that have passed constitutional amendments specifically banning such marriages.
