editorial
Trading votes for civil rights
Published Thursday, 15-Sep-2005 in issue 925
With a 36-percent approval rating and only the backing of his Republican base, Gov. Schwarzenegger yielded to his conservative constituency last week and announced he would veto AB 849, a historic piece of same-sex marriage legislation that passed through a legislative body for the first time in the nation.
Known for labeling his political opposition “girlie men,” Schwarzenegger will go down in history as yet another weak politician trading civil rights to shore up political capital. Who’s the girlie man now?
The Religious Freedom and Civil Marriage Protection Act (AB 849) would amend the state Family Code to read that marriage is between “two persons” rather than between a man and a woman. This bill would not require religious institutions to perform same-sex marriage ceremonies.
The bill managed to pass through the California Senate and later squeak through the Assembly, where it had failed just months earlier under the name AB 19. Both votes were strictly along party lines, of course.
Leading up to last week, Schwarzenegger had signed five pro-gay pieces of legislation into law. Speculation varied as to which way he would go when faced with the marriage question. Yet, cowering behind the “will of the people,” Schwarzenegger maintains that same-sex marriage should be decided by the voters or the courts, and has cited California’s Proposition 22, which created a statute stating that only marriage between a man and a woman would be recognized in California in 2001. Can you say, “Pass the buck?”
“It is those who stand against that majority that are remembered in our nation’s history. It took leaders to champion the civil rights movement. Gov. Schwarzenegger, you are no leader!”
Doesn’t the Legislature, acting as representatives of the people, demonstrate the way California is headed? Recent polling shows that Californians are split 46-46 percent on the same-sex marriage debate, but, polls aside, since when does the discriminatory will of the masses trump the Constitution? History has demonstrated the failure of majority rule to be an effective form of governance, as the fundamental rights of the minority must be protected. It is those who stand against that majority that are remembered in our nation’s history. It took leaders to champion the civil rights movement. Gov. Schwarzenegger, you are no leader!
It should be decided by the courts, you say. When the courts rule that discrimination should not be written into our state constitutions, will your party cry “activist judges”? Here’s a thought: Why not tell the people you represent what you believe?
Should we really be so surprised? With a Nov. 8 special election pending, and his ballot initiatives on the line, do you think Governor Schwarzenegger is going to stick his thick neck out? Support for Schwarzenegger is on rapid decline, as most polls show that Californians don’t have a sequel in mind for this all talk, no-action hero. A hit to his Republican base could spell doom, so our marriage bill got tanked.
In protest, its authors are delaying the delivery of AB 849 to the governor’s desk in order to launch Twelve Days to Equality, a statewide project aimed to educate Governor Schwarzenegger and all Californians about marriage equality and persuade Arnie to sign the legislation. According to Equality California, California’s largest gay-rights lobbying group, Twelve Days to Equality will highlight the importance of marriage protections through a series of daily grass-roots and media actions to educate local communities about GLBT families.
This valiant effort to educate Schwarzenegger and Californians should be commended, but the speed in which Schwarzenegger announced his plan to veto shows his resolve.
Still, this defeat comes after countless victories. Schwarzenegger’s veto cannot tarnish AB 849’s historical significance. History will remember Schwarzenegger as a one-term governor who traded the civil rights of thousands for a handful of votes that won’t even assure his re-election.
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