Calif. to revisit same-sex marriage bill

SACRAMENTO, Calif. -- The debate over same-sex marriage is back after a year's hiatus, and this time supporters are hopeful that the political climate has changed since Governor Arnold Schwarzenegger vetoed a bill to legalize such marriages.

San Francisco Assemblyman Mark Leno, a Democrat who is gay, announced that he will introduce a new marriage bill tomorrow, when legislators are sworn in for the upcoming session.

"We see great momentum with growing support," said Leno. "We've come a long way" since voters approved an initiative defining marriage as between a man and a woman in 2000.

Leno called on the state's political leaders to "rise up out of the shadows of inequality and be counted on this important civil rights issue by using their powers to put an end to discrimination against all people."

Opponents, though, said it was illegal for the Legislature to repeal a vote of the people, though the 2000 measure, Proposition 22, more specifically dealt with not allowing California to recognize gay marriages sanctioned by other states.

Since Schwarzenegger vetoed Leno's 2005 legislation, public support has grown for same-sex marriage. While Proposition 22 passed by a 20-point margin, six years later voters are now split evenly on the issue, according to opinion polls.

Also, courts have given support to the idea over the last year: The New Jersey Supreme Court ruled that the state Legislature must provide same-sex couples equal access to the protections of marriage if it wanted to reserve marriage for a man and a woman. And a California Court of Appeals ruled that the issue should be settled by the Legislature.

The Massachusetts Supreme Judicial Court legalized same-sex marriages in 2003, prompting voters in several states to amend their constitutions to define marriage as being between a man and a woman.

"There's been a huge shift, and we're hoping the governor realizes that public opinion has moved," said Geoff Kors, executive director for Equality California, a statewide organization that advocates for gay and lesbian rights, "and that his pledge to support full equality can only be addressed through marriage equality."

Schwarzenegger vetoed Leno's marriage bill just before the special election, when he was currying support from his party's conservative base to approve his since-doomed reforms.

But this year, he signed seven bills supported by lesbian, gay, bisexual, and transgender groups, including one he had vetoed in 2005. That bill added sexual orientation and gender identity to the list of personal characteristics that can't be used in a negative way during a political campaign in voluntary pledges candidates can take.

Schwarzenegger has also been supportive of rights for domestic partners. But, he still believes voters have decided the issue, said spokeswoman Sabrina Lockhart.

Predicting that the marriage issue will be the "biggest legislative battle" next year, Randy Thomasson, president of Campaign for Children and Families, said Democrats "have declared war upon marriage between a man and a woman.

"The California Constitution specifically prohibits the Legislature from repealing voter-approved initiatives," Thomasson said. "This bill should be vetoed by Arnold Schwarzenegger on the same grounds as he vetoed it last year -- because the people have already voted to keep marriage between a man and a woman, just as God created it."

In his 2005 veto message, Schwarzenegger said, "I do not believe the Legislature can reverse an initiative approved by the people of California." He also suggested that legislative action was not needed. "If the ban of same-sex marriage is unconstitutional, this bill is not necessary," he wrote. "If the ban is constitutional, this bill is ineffective."

Leno disagrees, saying that it is clear in the language of the state's Family Code, which Proposition 22 amended, that it applies only to out-of-state gay marriages. "If the ban is unconstitutional, it's the Legislature's job to change the law, so this bill is necessary," he said.