California Landmark Bill Grants Legality for Gay Marriage

By Anastacia Mott Austin

Californians in favor of legalizing gay marriage saw the State Assembly 41-35 vote on Tuesday as a "stunning victory."

The Religious Freedom and Civil Marriage Protection Act, also known as AB849, redefines the state of marriage as being between "two persons," rather than between a man and a woman. This effectively legalizes marriage for same-sex couples in the state.

Only one other state in the nation recognizes gay marriage, and Massachusetts passed its law as a result of a court ruling declaring a gay marriage ban unconstitutional. This is completely different, say advocates of the bill. It is the first time a state assembly has intentionally put a law on the books that actively changes the existing laws regarding marriage, rather than in reaction to a lawsuit.

The vote differed from an identical bill defeated earlier this year because three Democrats who had abstained in the first vote changed their minds to support the bill.

Tom Umberg, D-Santa Ana, was one of the swing votes. "It’s always a dilemma whether to follow or lead. This is one of those times history is looking to us to lead," said Umberg to reporters, adding that he based his decision on the overwhelming tide of feedback from his constituents, as well as the thought of his political legacy. "I wanted [my children] to look back and see where I was when we could make a difference, if I stood with those who took a leadership role in terms of tolerance, equity, and fairness. And I’ll be proud to say I did."

When the 41-35 vote was announced, champions of the bill applauded. Mark Leno, D-San Francisco, the author of the bill, hugged State Assembly Speaker Fabian Nunez, D-Los Angeles, lifting him off the floor.

Hanus Jelinek, a San Franciscan who supported AB849, told The San Francisco Chronicle, "I can settle down with my beloved, and the government will just leave us alone."

But others were less enthusiastic. "What about Prop 22?" asked Dennis Mountjoy, R-Monrovia. "What about the 62 percent of Californians who supported it? What about their will?" Mountjoy added, "Marriage should be between a man and a woman. End of story, next issue. It’s not about civil rights or personal rights. It’s about acceptance. They want to be accepted as normal. They are not normal."

Most political experts agree that Gov. Arnold Schwarzenegger will likely veto the bill, though it places him in an uncomfortable position. Whatever his decision, it will anger his supporters on either side of the debate, and he needs their backing with his approval rating sagging at about 36 percent.

"I think the governor’s going to be in a difficult position" said political advisor Arnold Steinberg to the press. "Because during the campaign his positions were ambiguous on the issue."

Randy Thomasson, the president of Campaign for Children and Families, an opponent of the bill, thinks that AB849 will likely be vetoed by the governor. "Schwarzenegger can’t afford to sign the gay marriage license bill," Thomasson said to reporters. "He’ll actually become a hero to the majority of Californians when he vetoes it. The Terminator should announce without delay that this bill is dead meat."

Suzanne Nielson, who married her partner Jan Roberts on Valentine’s Day in 2004 (and later had the marriage declared invalid by the state Supreme Court), feels encouraged by the vote. "We’re regular people like everyone else. Now, our rights are there," Nielsen told The San Francisco Chronicle. "Even filling out our taxes every year will be easier."

California’s liberal civil-rights legislation allows same-sex couples many of the rights granted to married couples, but not the right to file joint tax returns.

The executive director for Equality California, Geoff Kors, still holds out hope that Schwarzenegger could let the bill proceed. "He will determine whether he will be the first governor to do a little heavy lifting and support equality for all or whether he will become the first governor to ‘terminate’ our rights," said Kors to reporters. "We know in his heart he wants to do the right thing."