Schwarzenegger Vetos Marriage Bill Again

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Schwarzenegger Again Vetoes Gay Marriage Bill
by 365Gay.com Newscenter Staff

Posted: October 13, 2007 - 12:00 am ET

(Sacramento, California) For the second time in two years California Gov. Arnold Schwarzenegger has vetoed legislation that would allow same-sex couples to marry.

Schwarzenegger inscribed the veto on the bill late Friday and returned it to the legislature. But supporters of the measure say they do not have enough votes to override the veto.

Angry LGBT rights groups are planning demonstrations set for Monday across the state.

In San Francisco, a rally will be held at Harvey Milk Plaza. Other rallies are scheduled for Bakersfield, Lakeport, Modesto, Porterville, Sacramento, Stockton and Ukiah.

The Religious Freedom and Civil Marriage Protection Act passed last month is almost identical to legislation passed in 2005 and vetoed by Schwarzenegger.

The bill would have amended the Family Code to define marriage as a civil contract between two persons instead of a civil contract between a man and a woman.

The measure also reaffirmed that no religious institution would ever be required to solemnize marriages contrary to its fundamental beliefs.

As he did in 2005, the governor in a message to the legislature said the issue of marriage for same-sex couples should be left to voters and the state Supreme Court.

The California Supreme Court is preparing to hear oral arguments in a case brought by the National Center for Lesbian Rights, Lambda Legal and the American Civil Liberties Union on behalf of 15 same-sex couples and California LGBT rights group Equality California. (story)

The attorneys argue that California state law barring same-sex couples from marriage discriminates based on sexual orientation and sex and violates the fundamental right to marry.

In a brief to the court the legal groups cite the California Constitution's guarantees of privacy, intimate association, and due process.

But in his message to lawmakers Friday night Schwarzenegger said even if the Supreme Court rules same-sex couples must be given the same rights as married opposite sex couples voters "should then determine what, if any, statutory changes are needed in response to the court's ruling."

Schwarzenegger said in the message that Californians "should not be discriminated against based upon their sexual orientation" and that he supports state laws that give domestic partners many of the rights and responsibilities of marriage.

Geoff Kors, executive director of Equality California, called the veto and Schwarzenegger's message "hypocrisy at its worst."

"We find it shocking for the governor to say he opposes discrimination based on sexual orientation and then veto a bill that would have ended discrimination based on sexual orientation," Kors said.

Equality California and Marriage Equality USA are two of the groups sponsoring Monday's protests.

"With a stroke of a pen, the Governor could have been remembered as one of our nations courageous and principled leaders," said Pamela Brown, Marriage Equality USA Policy Director. Instead, he will be remembered as one who blocked the way for thousands of loving, committed same-sex couples from getting married."

Among those planning to demonstrate is Marriage Equality president David Janis-Kitzmiller who wants to marry his partner of seven years, Jeff Janis-Kitzmiller.

" Lesbian and gay Californians are hardworking, tax-paying citizens, who simply want the dignity and respect that everyone else has for their relationships and families. Its a simple matter of fairness," said David Janis-Kitzmiller.

"How would Governor Schwarzenegger feel if someone vetoed his marriage?"

Support for same-sex marriage has been growing in California over the past quarter century but is nowhere near a majority.

In 2006 a poll found that 43 percent supported same-sex marriage, but that was up from just 30 percent in 1985.

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