Finally, equality in marriage has been achieved. Or maybe not. By a 41-35 vote in the California State Assembly last week, lawmakers have said that all couples can apply for a marriage license.
But the honeymoon didn’t last long. Within a day, Margita Thompson, Governor Schwarzenegger’s spokeswoman, announced Schwarzenegger’s intention to veto the legislation. Why?
He feels that the voters have spoken in regards to who can and can not marry in the state. It’s an issue that should be left up to the courts.
What?
If you haven’t been paying attention to the concerns of the “Family” groups for the last few years, the gist of their argument has been rather silly. But nonetheless, they think judges have been making laws and interpreting our constitutions in ways that the authors of those documents never intended. Freedoms for all, it’s really not that difficult a subject, but that’s been discussed before.
Now the same courts that have been too “activist” need to decide this, not the people’s elected representatives?
Pete Knight’s Proposition 22, winning by 61% in 2000, defined marriage in California. Out of state marriages. Whoops! Read the Family Code. Kinda boring, like most laws, but Prop 22 inserted the definition of marriage at section 308.5.
Interesting reading in the Voter’s Guide for that election: “The truth is, unless we pass Proposition 22, legal loopholes could force California to recognize ’same-sex marriages’ performed in other states.”
Speaking of loopholes, there is one is so big that we could drive a gas-guzzling SUV through it. In California, the Legislature can not void voter approved initiatives, but in this case, the bill, AB849, specifically makes note of Prop 22. “It is the intent of the Legislature in enacting this act to end the pernicious practice of marriage discrimination in California. This act is in no way intended to alter Section 308.5 of the Family Code, which prohibits California from treating as valid or otherwise recognizing marriages of same-sex couples solemnized outside of California.”
The state’s elected representatives defined marriage in 1977, and in 2005, they have voted to change the law.
So now we see Schwarzenegger trying to spin the vote five years ago into the definitive answer to marriage rights in the state. Either that or the Republicans want to have the courts decide it so they can again decry the unelected, black robed, elitist, and activist judges legislating from the bench.
This bill has been passed by both houses of the people. Governor Schwarzenegger should sign this into law. If you haven’t yet, contact Governor Schwarzenegger’s office to share your views.
Update: Well, he vetoed it. Activist governors!
Update 2: He vetoed it again! WTF?
