Governor Arnold Schwarzenegger kept his promise and vetoed Assembly Bill 849, the Religious Freedom and Civil Marriage Protection Act, on Sept. 29. The bill would have legalized same-sex marriage in California.

“I am returning Assembly Bill 849 without my signature because I do not believe the Legislature can reverse an initiative approved by the people of California,” Schwarzenegger said in a statement to members of the Assembly.

A two-thirds vote in both the state Senate and Assembly would overturn the veto, but there has not been a veto override in California in more than 20 years.

The governor now leaves the fate of same-sex marriage in the hands of the voting public.

Petitions are currently circulating to gather the necessary signatures to qualify several ballot initiatives for the June 2006 ballot, all of which seek to ban same-sex marriage in California and strip domestic partnership benefits from same-sex couples.

As part of his statement vetoing AB 849, Schwarzenegger said he supports California’s domestic partnership laws and would “vigorously defend and enforce these rights,” adding that he “will not support any rollback” of those rights.

Although the governor said same-sex couples are “entitled to full protection under the law and should not be discriminated against based upon their relationships,” he cited Proposition 22 as his primary reason for vetoing AB 849. Article II, Section 10 of the California Constitution prohibits the Legislature from amending Prop. 22 without a vote of the people, therefore AB 849 would not provide such a vote, he said.

Approved by California voters in 2000, Prop. 22 created a statute stating “only marriage between a man and a woman is valid or recognized in California.”

According to marriage equality supporters, AB 849 would not have changed Prop. 22, but would have overturned a law passed by the Legislature in 1978 that defines marriage as between a man and a woman. They argue Prop. 22 only bans California from recognizing out-of-state same-sex marriages, not from allowing them to occur within California. Opponents claim the statute applies to all marriages, which has led to confusion.

A state appeals court is currently considering whether Prop. 22’s ban on same-sex marriage is constitutional. Schwarzenegger said he would let the California Supreme Court decide the fate of same-sex marriage.

“This bill simply adds confusion to a constitutional issue. If the ban of same-sex marriage is unconstitutional, this bill is not necessary. If the ban is constitutional, this bill is ineffective,” Schwarzenegger said.

Equality California executive director Geoffrey Kors said they will continue to advocate for the rights and protections all same-sex couples should be afforded through legalized marriage.

“The governor has simply delayed – not ended – the inevitability of marriage equality in California,” Kors said. “When called upon to take a position on the civil rights issue of the day, Governor Schwarzenegger decided to block the doorway to equality.”

Schwarzenegger first announced that he would veto AB 849 on Sept. 7, the day after the California Legislature made history by becoming the first legislative body in the U.S. to pass equal rights marriage legislation for same-sex couples.

The California Senate passed AB 849 with a 21-15 vote on Sept. 1. The Assembly then approved the bill with a narrow 41-35 vote on Sept. 6.

Legislators who supported the bill delayed it from reaching Schwarzenegger’s desk until Sept. 23 in an effort to convince him to reconsider his stance.

AB 849 was authored by Assemblymember Mark Leno, D-San Francisco, Assembly Speaker Fabian Núñez, D-Los Angeles, and 30 co-authors.

“He cannot claim to support fair and equal legal protection for same-sex couples and veto the very bill that would have provided it to them,” Leno told The Associated Press. “Words are cheap. We’re looking for action. We’re looking for leadership.”

San Diego Assemblymember Lori Saldaña has been a strong supporter of marriage equality and vocalized her opposition to Schwarzenegger’s decision.

“He has orchestrated the largest bait and switch in the state’s history,” said Saldaña at a Sept. 29 rally organized by the San Diego chapter of Equality California. “He ran as someone who wasn’t opposed to this, but now he has vetoed the bill we brought to him…. If you’re going to get in the way of those things then we – the voters next year – are going to move him out of the way, and we’re going to elect somebody who will support marriage equality in California.”

Traditional Values Coalition legislative analyst and lobbyist Benjamin Lopez has lobbied against AB 849 since the start of the legislative session in December.

“The governor was on the receiving end of a relentless attack by radical same-sex marriage advocates who cannot accept the fact that reason ultimately prevailed,” said Lopez. “They [AB 849 supporters] spent thousands of dollars going after the governor and they failed. They know they cannot win if they take their twisted notion of marriage and family to the voters directly. That is why they chose to go through the Legislature.”

A recent Public Policy Institute of California poll indicates public opinion on whether same-sex couples should be allowed to marry is, for the first time ever, evenly split. The poll indicates 46 percent of the electorate support marriage equality with an equal number opposed.

During the Sept. 29 rally in San Diego, Richard Valdez, board chair of The Center, lauded the growing support for same-sex marriage in California.

“Every time we take a new poll, our numbers only increase with California’s support of marriage equality,” said Valdez. “We know, Mr. Schwarzenegger, that you have underestimated the number of fair-minded people in California, and we know, Mr. Schwarzenegger, that you have underestimated us because we will continue to work.”

Schwarzenegger announced he will seek re-election during a Sept. 16 town hall meeting in San Diego at 4th & B.