California Legislature Passes Same-Sex Marriage Bill; Governor Schwarzenegger Presented With The Bill

     On September 7, 2007, the California legislature passed The Religious Freedom and Civil Union Protection Act (AB 43).  This bill would define marriage in “gender-neutral terms” as a union between two people.  Furthermore, it would extend state marriage protections to include same-sex as well as heterosexual couples.  In more non-descript, broader terms, Sen. Sheila Kuehl (D-Santa Monica) says that “marriage is more than just a civil contract ... it is different from domestic partners, it's just different from civil unions - it means something.”  In opposition to The Religious Freedom and Civil Union Protection Act, Benjamin Lopez, a lobbyist for the Traditional Values Coalition feels that the result of the bill’s passage would be the “whole definition of family would be torn asunder.”

     The Religious Freedom and Civil Union Protection Act would make California the second state to legalize same-sex marriage (Massachusetts became the first in 2004).  However, California is the first state to pass legislation that approves same-sex marriage.  Human Rights Watch points out that same-sex couples, without governmental recognition of marriage, may be denied shared employment and health benefits, domestic violence protection, the right to raise children, inheritance rights and the right to equal tax benefits and shared policies.  In addition, health experts have found that treating a group of people as distinct from the “general body” of people creates a feeling of social isolation and victimization within the distinct group.  This recognized distinction may further negative stereotypes as well. 

     Now that the California legislature has passed The Religious Freedom and Civil Union Protection Act, the bill must go before Governor Schwarzenegger to pass or veto.  In 2005, the California legislature passed the first legislation approving of same-sex marriage.  However, the Governor vetoed the bill at that time.  With the passage of this new piece of legislation, the Governor again has the veto power.  A marked difference between the two pieces of legislation is the legislative support for the bill.  The 2007 bill acquired three more votes than the 2005 bill received.  Governor Schwarzenegger must decide by October 14, 2007 whether he will veto the bill. 

For Further Information Please See:

Davies, Haley (San Francisco Chronicle), Legislature OKs same-sex marriage bill; governor expected to veto 9-7-2007

Equality California, CaliforniaLegislature Again Passes Bill Giving Same-Sex Couples Choice to Marry  9-7-2007

Human Rights Watch, US: Schwarzenegger Should Sign Marriage Bill 9-10-2007