Schwarzenegger vetoed a bill on Thursday to legalize gay marriage in California
As promised, Schwarzenegger vetoes gay marriage billGay advocacy groups bemoan governor's lack of leadership
By EARTHA JANE MELZER & STEVE KOVAL Sep 29, 10:31 PM
Gov. Arnold Schwarzenegger vetoed a bill on Thursday to legalize gay marriage in California.
In vetoing the same-sex marriage bill, Gov. Schwarzenegger stated, 'This bill simply adds confusion to a constitutional issue.' (File photo)
In a letter to the California Legislature on Thursday, Schwarzenegger said he did "not believe the Legislature can reverse an initiative approved by the people of California."
Schwarzenegger was referring to Proposition 22, a ballot initiative passed in 2000, which provided, "Only marriage between a man and a woman is valid or recognized in California."
The governor stated, "I am proud California is a leader in recognizing and respecting domestic partnerships and the equal rights of domestic partners. I believe that lesbian and gay couples are entitled to full protection under the law and should not be discriminated against based upon their relationships. I support current domestic partnership rights and will continue to vigorously defend and enforce these rights and as such will not support any rollback."
California law forbids the legislature from overturning a law adopted through ballot initiative, but there is debate over whether the same-sex marriage bill changes the part of the California Family Code that was modified by Proposition 22. The legality of California’s marriage law is being challenged in court.
Gay rights groups had been lobbying Schwarzenegger against vetoing the marriage equality bill.
On Sept. 14, just days after the General Assembly passed the bill which would have legalized same-sex marriage, Schwarzenegger announced that he would veto it.
Equality California, a statewide gay rights group, quickly expressed it's displeasure with the governor's veto.
"The governor has simply delayed — not ended — the inevitability of marriage equality in California," said Equality California Executive Director Geoffrey Kors in a statement released on Thursday.
"When called upon to take a position on the civil rights issue of the day, Gov. Schwarzenegger decided to block the doorway to equality," Kors continued. "As a result of his veto, hundreds of thousands of lesbian, gay, bisexual and transgender Californians and their families will continue to live without equal protection of the law. However, the veto cannot take away the incredible progress that was achieved when the majority of California’s elected Legislature passed this legislation. History has shown time and time again that the path to equality, justice and fairness can be blocked, but ultimately, the door will be opened."In response to the announcement of Schwarzenegger’s intent to veto the bill approximately two weeks ago, Equality California launched a media and lobbying campaign in hopes of changing his mind, and groups spanning the political spectrum urged him to reconsider the move.
Equality California had aired a television commercial, "Governor: BE A HERO," claiming that Schwarzenegger’s handling of the marriage legislation would be the defining moment of his political career. The ad included images of labor leader Cesar Chavez, President John F. Kennedy and Robert Kennedy — uncles of Schwarzenegger’s wife, Maria Shriver — and George Wallace, who as governor of Alabama tried to block black students from attending white schools.
National gay advocacy organizations also criticized the veto in statements issued on Thursady."Governor Schwarzenegger's veto put politics over people today," said Human Rights Campaign President Joe Solmonese. "The Governor's veto delays equal treatment under the law for thousands of California families."
Kate Kendell, executive director of the National Center for Lesbian Rights, said, "This was an opportunity to demonstrate real leadership and a true commitment to justice and the governor was not up to the challenge. We do recognize and appreciate that the governor stated he did not support current efforts to roll back domestic partner protections, but that is not enough."
State officials had urged the governor to allow the same-sex marriage bill to become law.
In a Sept. 23 letter to the governor, Lt. Governor Cruz Bustamante, State Treasurer Phil Angelides, State Controller Steve Westly, and Insurance Commissioner John Garamendi, all Democrats, called marriage equality for lesbian and gay couples, "the civil rights issue of our time."
The state officials said that the U.S. Constitution and the California Constitution require that citizens be treated equally, and cited a 1948 California Supreme Court decision that "marriage is a fundamental right of all citizens."
The group advised Schwarzenegger to take no action on the bill, an option that, "[would respect] your understanding of Proposition 22 as well as the concerted efforts of the Legislature."
The bill would then have passed into law, and would have immediately been challenged by Proposition 22 supporters. The group wrote, "The issue would then ultimately be decided in a court of law which is in accordance with your stated desire."
Though same-sex marriage bill was passed along a party line vote, with no Republicans supporting it, Jeff Bissiri, director of the Log Cabin Republicans, rejected the idea that it was a symbolic, partisan move designed to weaken the standing of a Republican governor.
"I think the effort to pass the bill was part of a strategy to achieve marriage equality," Bissiri said.
Craig Christensen, a gay professor of law at Southwestern University, agreed that the effort to pass marriage equality legislation was more than symbolic.
"The legislators and all the rest of those who supported it knew the bill might well be vetoed by the governor," Christensen said. "But we also believe he will not be governor much longer. Thus the historic passage was meant to begin a process that will eventually lead to a fully approved law."
Christensen added that for many gay people marriage is more important as a symbolic matter than for its practical benefits. The state of California now grants domestic partners most of the same rights and responsibilities as married partners. There are many federal benefits that are not available to domestic partners.
"The symbolism is that our relationships not be seen as outside the law, but that they have the same societal imprimatur as all other unions."
Schwarzenegger, whose term is up in January 2007, has already announced his intent to run for re-election.
Eartha Jane Melzer can be reached at emelzer@washblade.com.
By EARTHA JANE MELZER & STEVE KOVAL Sep 29, 10:31 PM
Gov. Arnold Schwarzenegger vetoed a bill on Thursday to legalize gay marriage in California.
In vetoing the same-sex marriage bill, Gov. Schwarzenegger stated, 'This bill simply adds confusion to a constitutional issue.' (File photo)
In a letter to the California Legislature on Thursday, Schwarzenegger said he did "not believe the Legislature can reverse an initiative approved by the people of California."
Schwarzenegger was referring to Proposition 22, a ballot initiative passed in 2000, which provided, "Only marriage between a man and a woman is valid or recognized in California."
The governor stated, "I am proud California is a leader in recognizing and respecting domestic partnerships and the equal rights of domestic partners. I believe that lesbian and gay couples are entitled to full protection under the law and should not be discriminated against based upon their relationships. I support current domestic partnership rights and will continue to vigorously defend and enforce these rights and as such will not support any rollback."
California law forbids the legislature from overturning a law adopted through ballot initiative, but there is debate over whether the same-sex marriage bill changes the part of the California Family Code that was modified by Proposition 22. The legality of California’s marriage law is being challenged in court.
Gay rights groups had been lobbying Schwarzenegger against vetoing the marriage equality bill.
On Sept. 14, just days after the General Assembly passed the bill which would have legalized same-sex marriage, Schwarzenegger announced that he would veto it.
Equality California, a statewide gay rights group, quickly expressed it's displeasure with the governor's veto.
"The governor has simply delayed — not ended — the inevitability of marriage equality in California," said Equality California Executive Director Geoffrey Kors in a statement released on Thursday.
"When called upon to take a position on the civil rights issue of the day, Gov. Schwarzenegger decided to block the doorway to equality," Kors continued. "As a result of his veto, hundreds of thousands of lesbian, gay, bisexual and transgender Californians and their families will continue to live without equal protection of the law. However, the veto cannot take away the incredible progress that was achieved when the majority of California’s elected Legislature passed this legislation. History has shown time and time again that the path to equality, justice and fairness can be blocked, but ultimately, the door will be opened."In response to the announcement of Schwarzenegger’s intent to veto the bill approximately two weeks ago, Equality California launched a media and lobbying campaign in hopes of changing his mind, and groups spanning the political spectrum urged him to reconsider the move.
Equality California had aired a television commercial, "Governor: BE A HERO," claiming that Schwarzenegger’s handling of the marriage legislation would be the defining moment of his political career. The ad included images of labor leader Cesar Chavez, President John F. Kennedy and Robert Kennedy — uncles of Schwarzenegger’s wife, Maria Shriver — and George Wallace, who as governor of Alabama tried to block black students from attending white schools.
National gay advocacy organizations also criticized the veto in statements issued on Thursady."Governor Schwarzenegger's veto put politics over people today," said Human Rights Campaign President Joe Solmonese. "The Governor's veto delays equal treatment under the law for thousands of California families."
Kate Kendell, executive director of the National Center for Lesbian Rights, said, "This was an opportunity to demonstrate real leadership and a true commitment to justice and the governor was not up to the challenge. We do recognize and appreciate that the governor stated he did not support current efforts to roll back domestic partner protections, but that is not enough."
State officials had urged the governor to allow the same-sex marriage bill to become law.
In a Sept. 23 letter to the governor, Lt. Governor Cruz Bustamante, State Treasurer Phil Angelides, State Controller Steve Westly, and Insurance Commissioner John Garamendi, all Democrats, called marriage equality for lesbian and gay couples, "the civil rights issue of our time."
The state officials said that the U.S. Constitution and the California Constitution require that citizens be treated equally, and cited a 1948 California Supreme Court decision that "marriage is a fundamental right of all citizens."
The group advised Schwarzenegger to take no action on the bill, an option that, "[would respect] your understanding of Proposition 22 as well as the concerted efforts of the Legislature."
The bill would then have passed into law, and would have immediately been challenged by Proposition 22 supporters. The group wrote, "The issue would then ultimately be decided in a court of law which is in accordance with your stated desire."
Though same-sex marriage bill was passed along a party line vote, with no Republicans supporting it, Jeff Bissiri, director of the Log Cabin Republicans, rejected the idea that it was a symbolic, partisan move designed to weaken the standing of a Republican governor.
"I think the effort to pass the bill was part of a strategy to achieve marriage equality," Bissiri said.
Craig Christensen, a gay professor of law at Southwestern University, agreed that the effort to pass marriage equality legislation was more than symbolic.
"The legislators and all the rest of those who supported it knew the bill might well be vetoed by the governor," Christensen said. "But we also believe he will not be governor much longer. Thus the historic passage was meant to begin a process that will eventually lead to a fully approved law."
Christensen added that for many gay people marriage is more important as a symbolic matter than for its practical benefits. The state of California now grants domestic partners most of the same rights and responsibilities as married partners. There are many federal benefits that are not available to domestic partners.
"The symbolism is that our relationships not be seen as outside the law, but that they have the same societal imprimatur as all other unions."
Schwarzenegger, whose term is up in January 2007, has already announced his intent to run for re-election.
Eartha Jane Melzer can be reached at emelzer@washblade.com.
