Wednesday, September 07, 2005

Same-Sex Marriage Passes CA Legislature


This bill seeks to mandate the most profound change in the legal definition of marriage since the definition was changed to "one man and one woman" from "one man and his chattel." (There is evidence that news of this particular change has yet to reach all corners of the nation.)

The California legislature has become the first in the nation to endorse same-sex marriage with the passage of the Religious Freedom and Civil Marriage Protection Act.

The bill makes the definition of marriage gender-neutral, yet it permits those opposed to same-sex unions to refuse to perform the weddings. Governor Schwarzenegger has until October 9th to sign or veto the bill.

California has a history of leading the nation in civil rights legislation, or passing controversial laws which are eventually taken for granted across the nation. The state legalized interracial marriage in 1948. The U.S. Supreme Court did not strike down laws forbidding interracial marriage until 1967.

As the saying goes, "As California goes, so goes the nation." Unfortunately, it can sometimes take decades for the nation to get a clue.

California's domestic partnership law currently gives same-sex couples many (but not all) of the rights and duties of marriage.

Will Governor Schwarzenegger sign the bill? Schwarzenegger has a history of making contradictory statements about marriage equality. Last year on the Jay Leno show he appeared to support the measure, yet during the recall election he said his support was limited to civil unions.

Certainly the Republican Governor will be under pressure from the homophobic Bush Administration to veto the bill. While media accounts hint that he may veto it, as yet his office refuses to say. The Governor is now so unpopular that he may as well do the right thing and sign the law.

A recent poll by the Public Policy Institute of California found support for the measure to be "evenly split, 46% to 46%."

UPDATE: See Alas a blog and Echidne of the Snakes

Related Post: A Small History of Same-sex Marriage