Recently elected, Assemblymember Marty Block explained his reason for not voting on HR 5, a State Assembly resolution, voted on March 2, declaring that Proposition 8 was an improper “revision” of the California Constitution, in front of about 85 people at a San Diego Democratic Club (SDDC) meeting at the Joyce Beers Community Center in Hillcrest, last Thursday.

“I’ve got to tell you that a legislative action telling a judge how he or she should rule on a particular case is not going to get you very far with the court. It’s not a thing for the Legislature to tell judges how they should be voting on a case before them,” Block said, adding that a proper vehicle for influencing the court is an amicus brief. Block co-signed such a document with the State Assembly last January, arguing that Proposition 8 is unconstitutional.

Some SDDC members protested Block’s decision. One member wore a duck suit holding a sign stating, “Just Say ‘No’ to ‘Ducking’ Votes.” Other members dissented by providing refreshments such as duck-shaped cookies and yellow, frosted cupcakes inside the meeting room.

Sitting beside Block, Assemblymember John Perez spoke in defense of his colleague.

“There has got to be an understanding that people do represent very different places … [and that] we’re not always going to get unanimity, and if we require unanimity, then we are going to stifle the progress of this community because we will not get unanimity with everything we’re fighting for,” said Perez.

For nearly 45 minutes, both Block and Perez listened to comments and answered questions regarding Block’s “duck-out.” Attendees expressed both anger and disappointment.

Speaking on behalf of Block’s State Assembly campaign staff and volunteers, President of the San Diego Young Stonewall Democrats Allan Acevedo said, “The reason we supported you was because we looked up to you and thought that if there was supposed to be a politician out there who would be actually representing his actual heart … that that candidate would be you. And now several students at my school and in the community are disillusioned and believe that you’re just the same as any politician.”

Block replied, “I’m sorry Allan that we disagree on that. But I do think this resolution was flawed. It was the wrong tactic. … It basically was a resolution that told the voters that what they voted on didn’t matter in November and told the court that they better listen to the Legislature, implicitly told the court that they know the Legislature holds the purse strings over the court.”

Was there anything I didn’t answer? Block asked.

“What’s the difference between you and John McCann if you’re not going to vote on our issues?” asked Acevedo.

The audience erupted and Block dismissed himself from answering the question, saying, “Apparently, I don’t need to answer that.”

Andrew Rosenberg, University Heights resident asked, “If you were so concerned with the procedure being the problem here, why didn’t you meet with key members of this community, with the president of the Democratic club, with other members you knew were going to have a reaction as strongly. Why did you not meet with them beforehand, discuss the situation, try to diffuse this before it happened, as opposed to waiting until it blew up the way it did?”

“Because I was stupid,” Block replied.

“Should have I consulted with everybody, the leadership, at least, the weekend before? Absolutely. If I had to do it again, would I do it differently? Absolutely. Have I learned from this? Absolutely,” Block said.

As a member of the audience, Sen. Christine Kehoe commented, “I have not lost trust in Marty Block. I was surprised and disappointed. We talked about this just a day or two ahead of time. Things happen in the council; you’ve heard it a thousand times. It’s way too fast sometimes to pick up the phone and let people know.”

During a short recess, attendees shared their reactions. Many felt that Block’s decision, while a disappointment, should not be the sole issue he is judged on.

“I feel that it was politically expedient. But again it’s not a litmus test. We can’t judge a politician by one issue alone. If we judge him by one issue, like Republicans do, then we’ll never get anything through,” said Patrick Wise, Normal Heights resident.

“I think, like somebody said, ‘Time will tell.’ I think a lot of people in the gay community have lost some confidence. If what he said is what’s true then only time will tell,” said former SDDC vice president Tom DiCioccio.