photo
Assemblymember Mark Leno
national
Assembly committee approves proposal for same-sex marriage
Bill faces uphill battle to pass Legislature
Published Thursday, 29-Apr-2004 in issue 853
SACRAMENTO (AP) – While lawmakers in two-dozen states are trying to ban same-sex marriages, a committee in California’s Assembly approved a bill legalizing the practice.
Assemblymember Mark Leno, a San Francisco Democrat and the bill’s author, called the action a “milestone event” but the bill still faces an uphill battle to pass it in the full Legislature.
“I saw in the eight aye votes a great pride in the fact that people were standing up for civil rights – not special privileges, but civil rights,” Leno said.
The proposal, which would amend the state family code to define marriage as between “two persons” instead of between a man and a woman, was passed by the Assembly Judiciary Committee in an 8-3 vote.
The move comes after months of national debate over the issue, kicked off in November when the Massachusetts Supreme Court ruled that gays and lesbians had a right under the state constitution to marriage. Then in February, the city of San Francisco began issuing marriage licenses to same-sex couples until it was stopped by the state’s highest court.
While three other states – New York, Rhode Island and Vermont – also have pending legislation that would legalize marriage for same-sex couples – the national trend this year has been in the opposite direction, according to the Human Rights Campaign.
Responding to several recent victories for gay rights advocates, lawmakers in 24 states introduced bills that would strengthen existing bans on same-sex marriage. Six of them have already been passed, another nine are still pending and 10 were either defeated or died without a vote, according to figures compiled by the HRC.
“I applaud the California Legislature and particularly the Judiciary Committee for recognizing a very simple fact, which is that all families need basic rights and protections to remain strong,” said Human Rights Campaign executive director Cheryl Jacques.
Opponents said the bill contradicts California voters, who passed Proposition 22 in 2000, which says the state only accepts marriage between a man and a woman as valid.
The bill is “illegal, unconstitutional and immoral,” said Randy Thomasson, executive director of the Campaign for California Families, a group that works to promote what it says are traditional family values. “This bill turns marriage upside down and utterly rejects the vote of the people to protect marriage for a man and a woman.”
Assemblymember Pat Bates, R-Laguna Niguel, voted against the bill.
“This is something that should be decided in the courts before it ever comes here,” Bates said. “I think it trivializes the will of the people.”
But supporters said the Legislature was within its rights to act on such a bill before the courts decide.
“I think it is important to note that we as the Legislature have the ability to make the laws, and in fact I do believe that it is definitely within our jurisdiction to define what is marriage,” said Assemblymember Ellen Corbett, a Democrat from San Leandro and the committee chairwoman.
Leno said his bill does not contradict Proposition 22, because the initiative specifically deals with out-of-state marriages, while Leno’s bill addresses unions in California.
While the issue always prompts emotional debate, supporters of same-sex marriage maintain that like other civil rights issues – allowing interracial marriage, or women winning the right to vote – same-sex marriage will eventually be commonplace.
“Once we pass this we will look back and scratch our head and wonder, ‘Why was it such a big deal?’” Leno said. “I’m fully convinced it will be a non-issue in a matter of time.”
Gov. Arnold Schwarzenegger’s office declined to comment, saying they don’t generally discuss legislation until it reaches the governor’s desk, said spokesman Vince Sollitto.
Schwarzenegger said that he would be fine with same-sex marriages if the courts or the voters change state law and make them legal.
The bill now heads to the Appropriations Committee, where its cost to the general fund will be determined, Leno said. It must be passed by that committee and the entire Assembly before it moves to the Senate.
E-mail

Send the story “Assembly committee approves proposal for same-sex marriage”

Recipient's e-mail: 
Your e-mail: 
Additional note: 
(optional) 
E-mail Story     Print Print Story     Share Bookmark & Share Story
Classifieds Place a Classified Ad Business Directory Real Estate
Contact Advertise About GLT