The California Legislature has just passed legislation that would grant same-sex couples in California the right to marry. Assemblyman Mark Leno’s AB 43: The Religious Freedom and Civil Marriage Protection Act would give same sex couples equal access to a marriage license. It also clearly ensures that no church or religious institution would be required to conduct weddings if it is contrary to their fundamental beliefs.
This bill is nearly identical to the one that the California legislature passed in 2005 that the Governor vetoed, only this time, it passed with even more support: AB 43 was co-authored by 29 Assembly members and 14 Senators, including Assembly Speaker Fabian Nunez and Sen. President Pro Tempore Don Perata. Sponsored by Equality California, the Senate approved the bill on September 7th by a vote of 22-15 vote.
The Governor has until Oct. 14th to either sign or veto the measure, and in February, he had indicated that he would veto it again. His reason for the 2005 veto was that he didn’t feel that he should go against the “will of the people” and that Californians overwhelmingly made their feelings known in the 2000 election by voting for Proposition 22, the protection of marriage initiative.
But that was seven years ago. Since that time, Californians have seen other countries sanction same sex marriages, as well as the state of Massachusetts and no one has been struck down by lightening – nothing horrible has happened. In fact, people who were once fearful that same sex marriages would harm society and encourage immorality have seen LGBT families in the news who do just the opposite: form caring nurturing families with the stability that children need.
On September 18th, rallies were held all over the state by the LGBT community and supporters of the bill. Long Beach residents car-pooled to Los Angeles and joined others in a march to Governor Schwarzenegger’s star on the Walk of Fame in Hollywood. These rallies were not just attended by gays and lesbians: many were there with their parents, neighbors and church members.
Some argue that domestic registration, which allows same-sex couples to register as domestic partners, is good enough. LGBT activists argue that “separate is not equal” even if all of the benefits were comparable because a separate category is created that does not carry the respect and dignity that marriage does.
But there is another reason why this bill should be signed:
In July, a town hall meeting was held in Long Beach by state controller John Chiang to update rights, benefits and tax issues for registered domestic partners. Same sex couples packed the Main Library auditorium to hear how laws regarding income tax issues, property taxes, health insurance and estate planning issues have been affected by legislation which has changed rights and responsibilities of domestic partners.
While Californians are lucky to have a brilliant and knowledgeable Controller who can help couples wade through these issues, what sense does it make to create a totally separate process that requires this?
I find it hard to believe that the Conservatives I know will think it is a great idea to create a whole new bureaucracy in addition to what we have. It requires new tax rules, possibly new courts to resolve family disputes, and much more. The Governor should just sign this bill and get it over with so we can move on to solving the important issues we all face together.
Equality California (EQCA) has an online petition supporting AB 43 that has been signed by nearly 15,000 Californians, and will be delivered to the Governor.