Not even 24 hours after the California Legislature made history by becoming the first legislative body in the nation to pass marriage equality legislation, Governor Arnold Schwarzenegger terminated hope for the bill’s passage when he announced Sept. 7 that he would veto Assembly Bill 849, the Religious Freedom and Civil Marriage Protection Act.

Legislators who supported the bill have been able to delay it from reaching Schwarzenegger’s desk until Sept. 23, and hope they can convince him to change his mind before then. Once at his desk, the governor has until Oct. 9 to veto, sign or take no action on the bill. If a veto occurs, an override process would require a two-thirds majority vote in the Assembly and Senate in California.

The lead authors of AB 849 are Assemblymember Mark Leno, D-Francisco, and Assembly Speaker Fabian Núñez, D-Los Angeles. There are 30 co-authors, including Assemblymember Lori Saldaña, D-San Diego, and state Senator Christine Kehoe, D-San Diego. Saldaña and Kehoe were the only two legislators south of Los Angeles who voted for AB 849.

The Religious Freedom and Civil Marriage Protection Act would amend the state Family Code to read that marriage is between “two persons” rather than between a man and a woman.

The California Senate passed the bill with a 21-15 vote on Sept. 1. Then the Assembly approved the bill with a narrow 41-35 vote on Sept. 6. The last time the Assembly voted on this marriage equality bill, then called AB 19, it did not gain the necessary 41 votes to pass through, falling 37-36 in a narrow vote on June 2.

Schwarzenegger spokesperson Margita Thompson issued a statement about the governor’s intent to veto AB 849 a day after the historic Assembly vote. The statement cited California’s Proposition 22, which created a statute stating that “only marriage between a man and a woman is valid or recognized in California.” Sixty-one percent of California voters approved the measure in 2001.

“Five years ago the matter of same-sex marriage was placed before the people of California. The people voted and the issue is now before the courts,” the statement said. “The governor believes the matter should be determined not by legislative action – which would be unconstitutional – but by court decision or another vote of the people of our state. We cannot have a system where the people vote and the Legislature derails that vote. Out of respect for the will of the people, the governor will veto AB 849.”

Prop. 22, also known as the California Defense of Marriage Act, was one of a slew of similar measures passed after President Clinton signed the federal Defense of Marriage Act in 1996. Defense of Marriage Act legislation applies to same-sex marriages performed out of state.

For this reason, Assemblymember Leno argues that Prop. 22 does not address in-state same-sex marriages. Same-sex marriage opponents claim the statute applies to all marriages. AB 849 would not change Prop. 22, but it would overturn a law passed by the Legislature in the 1970s that defines marriage as between a man and a woman.

A California court recently ruled that Prop. 22 does not apply to domestic partnership benefits granted under Assembly Bill 205, the Domestic Partner Rights and Responsibilities Act, which went into effect Jan. 1.

Thompson said Schwarzenegger has a history of fighting for civil rights and believes that all same-sex couples are entitled to full protection under the law and should not be discriminated against based upon their relationship.

Yet despite the governor’s progressive stances in the past, which included passing several GLBT rights bills last year, many are critical of his stance on AB 849 and his veto last week of AB 866, which would have prevented anti-gay rhetoric from being used in political campaigns. Schwarzenegger’s re-election campaign is slated for 2006.

Saldaña told the Gay & Lesbian Times she believes Schwarzenegger should not waiver in his opinion regarding same-sex marriage.

“He has indicated in the past that he had no problems with this type of legislation, so I think that members of the community who voted for him, in particular believing that he meant that when he said it during his [election] campaign, should hold him to his word,” she said.

Saldaña alluded to political pressure the governor may be facing from conservatives.

“I think he is struggling with low poll numbers,” she said. “With [former California Governor] Pete Wilson, when his poll numbers fell before his re-election, he went off to the far conservative end of his voter base. I think this is the same tactic.”

Kehoe was not thrilled with the governor’s swift decision to veto.

“The governor has the opportunity to make a positive difference in the lives of LGBT Californians and advance civil rights,” she said. “It’s very disappointing to hear that he will not sign this important bill.”

Equality California Executive Director Geoffrey Kors, though disappointed with the veto announcement, remained optimistic.

“The governor has let us down, but nothing can take away our victory and the progress we have made to achieve equality for all,” he said. “He has to make a decision on what he wants his legacy to be; we hope that he will not go down in history as ‘The Discriminator.’”

Opponents of AB 849 celebrated when Schwarzenegger announced his intention to veto.

“Gov. Arnold Schwarzenegger has ensured that the will of the people is respected and not trampled on by radical homosexual activists in the Legislature,” said Traditional Values Coalition lobbyist Benjamin Lopez. “Reason ultimately prevailed. Schwarzenegger is saying by his veto that 4.6 million Californians are right when it comes to marriage.”

Legislators and other marriage equality activists are rallying support for AB 849 before it reaches Schwarzenegger’s desk in an effort to convince him to not turn his back on marriage equality. Several rallies and protests have occurred throughout the state already, while Equality California has staged an extensive e-mail campaign directed at the governor’s office.

Equality California’s San Diego chapter staged a vigil and rally outside of Schwarzenegger’s downtown San Diego office on Sept. 7.

“This type of hypocrisy will not be tolerated by the people of this state,” said Fernando Lopez-Sager, Equality California’s San Diego County chapter leader, adding, “The words of the governor will not thwart our passion and drive toward full equality.”

Lt. Governor Cruz Bustamante has expressed his support of marriage equality and has asked Schwarzenegger to sign AB 849.

“The support of the lieutenant governor reveals the final piece of his evolution to understanding this issue and demonstrates that education and perseverance pay off,” said Equality California spokesperson Eddie Gutiérrez. “We hope the governor will follow the same path.”

Kors and other Equality California lobbyists are arranging a meeting with Gov. Schwarzenegger next Wednesday, Sept. 21, to discuss AB 849 and the two proposed ballot initiatives seeking to ban same-sex marriage. Gutiérrez said the governor’s office initiated the meeting.