California Senate and State Assembly pass gay marriage bill ball is in Ahnuld's court

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-- California Senate and State Assembly pass gay marriage bill ball is in Ahnuld's court

Posted by DaveSZ on Sep-07-2005 11:09:

California Senate and State Assembly pass gay marriage bill ball is in Ahnuld's court

http://sfgate.com/cgi-bin/article.c...MNsamesex06.TMP

quote:

Legislature approves gay marriage
Gender-neutral legislation in hands of Schwarzenegger, who hints at veto

Lynda Gledhill, Chronicle Sacramento Bureau

Wednesday, September 7, 2005

Sacramento -- The state Assembly, in a stunning victory for the gay rights movement, approved a landmark bill allowing same-sex marriage Tuesday night and sent it to Gov. Arnold Schwarzenegger.

The measure, which passed with no votes to spare, marks the first time that a legislative body in the United States has approved a bill that legalizes gay marriage. Schwarzenegger has not taken an official position on the legislation but has hinted that he would veto it.

Just three months after the Assembly defeated an identical bill, 41 Democrats voted to approve the measure. Three Democrats who had abstained on the previous measure changed course and voted for the bill.

"It's always a dilemma whether to follow or lead. This is one of those times history is looking to us to lead," said Assemblyman Tom Umberg, D-Santa Ana, one of the swing votes, during more than an hour of debate. The final vote was 41-35, with all Republicans and a handful of Democrats opposed.

The bill, AB849, does not require any religious organization to recognize or perform marriages for same-sex couples. The bill makes the law defining marriage gender-neutral. California state law did not place gender into the marriage code until 1977.

Opponents have promised to go to court if the bill becomes law, saying it violates the spirit of Proposition 22, a 2000 ballot initiative that defined marriage as being between a man and a woman. They also say they will go to the polls next year with proposed constitutional amendments that would ban same-sex marriage.

"What about Prop. 22? What about the 62 percent of Californians who supported it? What about their will?" asked Assemblyman Dennis Mountjoy, R-Monrovia (Los Angeles County). "If this legislation doesn't subvert the will of the people, I don't know what does."

Schwarzenegger's office has repeated that he believes the issue should be decided either by a vote of the people or a court decision. He has said he supports the state's current domestic partnership laws.

-more

Ok, so here is what I have trouble understanding.

Why is it that Republicans decry "activist judges who thwart (the will of the people and legislative bodies)," yet when a legislative body actually does pass similar legislation they look fondly upon those very same judges as the last word on the issue?

I personally have moved into the undecided camp on same sex marriage, after initially supporting it, however I can't help but point out this seeming hypocrisy.

Regardless of my own opinion, I believe that within the next five years or so, California will have legalized same sex marriage by either legislative, judicial, or other means.

Posted by Lepanto on Sep-07-2005 14:19:

bills get passed if there's someone powerful or influential pushing them. Also, if there's a very strong opinion leader, this movement doesn't have one. I doubt it will be legal any time soon.