“Marriage is… something more than a civil contract subject to regulation by the state: it is a fundamental right of free men… legislation infringing such rights must be based upon more than prejudice and must be free from oppressive discrimination to comply with the constitutional requirements of due process and equal protection of the laws.”

This statement was issued in 1948 by the California Supreme Court in response to laws prohibiting interracial marriage, making California the first state court in the country to strike down such laws before the U.S. Supreme Court followed in 1967.

As the battle for same-sex marriage rages forward, both sides have begun to lay out new legislation from their political arsenals – further intensifying the war over marriage.

Tuesday, Dec. 7, Assemblymember Mark Leno unveiled the Religious Freedom and Civil Marriage Protection Act (AB 19) which, if passed, will allow California to issue marriage licenses to same-sex couples by redefining marriage as a civil contract between two people. Additionally, the bill will add Section 403 to the code, reaffirming in statute that religious institutions are free to exercise their religion without interference from the state, and will not be forced to perform ceremonies not in keeping with their beliefs.

At a press conference held at Glide Memorial United Methodist Church in San Francisco, Leno explained that AB 19 not only allows for the separation of church and state (the supposed underpinning of American society) but also guarantees religious freedom.

The concept of keeping state benefits separate from marriage is nothing new, and has been a hot discussion topic, with politicians during the election season using the solution to dodge the same-sex marriage question – stating that government should get out of the marriage business and instead issue all couples, same and opposite-sex alike, civil unions, leaving the institution of marriage to religious institutions. Leno’s Religious Freedom and Civil Marriage Protection Act does exactly that by allowing religions the right to perform marriage ceremonies according to their own understanding of ethics and morality without the interference of government, ending marriage discrimination and granting all couples – regardless of gender – all the rights and privileges of civil marriage the law provides.

An immediate response upon hearing about AB 19 should be, “What about Proposition 22?” While Proposition 22, passed by California voters in 2000, prevents the recognition of same-sex couples wed outside California, AB 19 changes the criteria for issuance of marriage licenses within California, Equality California explained. It may be a hard sell - but it should be clear that Proposition 22 is designed to keep same-sex couples legally married in other states (so far, only from Massachusetts) from being recognized in California and will not interfere with AB19.

The next step is getting AB 19 passed through the Legislature, where it will then land on the desk of Governor Schwarzenegger. Schwarzenegger has not hinted one way or the other if he would veto or sign AB 19. He has suggested that he is not against same-sex marriage and believes that if the move towards marriage equality is the will of the people, then he will follow suit. Furthermore, he has signed every piece of GLBT-friendly legislation to cross his desk since the beginning of his term. Despite his voting record, signing this bill would be landmark, and perhaps too hot for a moderate Republican, whose party is currently working on a constitutional amendment to ban same-sex marriage.

Assemblymember Ray Haynes, R-Riverside, and State Senator Bill Morrow, R-Oceanside, have introduced a bill that would create a California constitutional amendment defining marriage as between a man and a woman, which includes language having potential ramifications for domestic partnerships – essentially nullifying recent California laws such as AB 205, California’s most comprehensive domestic partnership law to date.

In light of the recent elections, critics believe this bill is too much, too fast, and may prompt further backlash.

Take a look at this country’s history: Relentless struggle, strong leaders and intelligent legislation are what win equality. We can’t back down now. As with interracial marriage, America will come to the realization that same-sex marriage is not a threat towards marriage or society. Every couple, regardless of sexual orientation, deserves equal rights and protection under the law.

Is AB 19 too much, too fast? Should the GLBT community pull back and reformulate its strategy? Write to the Gay & Lesbian Times at editor@uptownpub.com and tell us what you think.