The quest to
legalize same-sex marriage was revived by a California
senate committee that approved the measure,
which was slipped into a fisheries research bill
after it failed in the state assembly. The senate
judiciary committee voted 4-1 Tuesday in favor of the bill,
which mirrors one that fell four votes shy in
June in the assembly. The measure, by assemblyman
Mark Leno, one of six out gay members of the
legislature, would make California's marriage laws gender-neutral.
Sen. Sheila Kuehl, who stated she was speaking
in support of the bill as a lesbian and not as a
senator, says the bill reflects the civil rights issue
of the day. "Our community is in the middle of the griddle,
and I'm proud of it," Kuehl said.
An opponent of the measure, Randy Thomasson, who
has proposed a constitutional amendment for next
year's ballot that would outlaw gay marriage and
remove most of the benefits of domestic partnerships, says
the bill smacks of an abuse of process. "This is really a
no-brainer," Thomasson testified. "It's sad when it was
defeated in one house and was reincarnated here."
Leno was able to keep the issue alive by
persuading another lawmaker to let him gut and amend a
bill that passed the assembly that aimed to collect
information from fisherman. He replaced it with the language
from his same-sex marriage bill. He defended the move
by saying his bill had already passed assembly
committees and would now face public votes in the
senate. "I understand there is at times a nefarious
reputation to the gut-and-amend process," Leno said.
"That is, rightfully, when it is used at the end of
the session, sometimes in the dark of the night, when
public hearings are short-circuited. Nothing could be
further from the truth with this bill."
Leno's bill would amend the state family code to
define marriage as a union between "two persons"
instead of between a man and a woman. It faces a vote
in another senate committee as soon as next month. If the
full senate passes the bill, it would be the first
legislative body in the nation to approve a same-sex
marriage bill. It took a court order in 2004 for
Massachusetts to become the first state in the nation to
legalize marriage between two people of the same gender.
Leno said he still would need to round up three
votes in the assembly if it makes it through the
senate. Gov. Arnold Schwarzenegger, a moderate
Republican, has not taken a stand on the bill but has said
voters or judges, not lawmakers, should make such
social changes. Republican opponents have argued that
the issue was decided five years ago by state voters
who approved a ballot initiative prohibiting the state from
recognizing same-sex marriages.
However, a state judge in San Francisco ruled in
March that state laws prohibiting gay couples from
marrying are unconstitutional; the issue is likely to
end up before the California supreme court in the next year.
While representatives of several civil rights
groups spoke in favor of the bill, hundreds of
opponents crowded into a capitol hallway waiting for
their turn to speak against it. Scores of the bill's foes,
many from the Russian and Ukrainian communities in the
Sacramento metropolitan area, added their voices in
opposition, including one man who addressed the
committee entirely in his native tongue. (AP)