CA: Bill to recognize same-sex marriage passes through committee
Religious institutions may decide whether to perform ceremonies as this is a civil matter between the state the the two parties involved.
An Assembly bill that would legalize same-sex marriage in California overcame its first hurdle last week when the Assembly’s Judiciary Committee approved it with a 6-3 vote.
AB 19, written by state Rep. Mark Leno (D-San Francisco), would amend the state Constitution from defining marriage as a contract between a man and a woman to a contract between two people.
If passed, the bill would force the state to present marriage licenses to any and all couples. However, there is a stipulation that allows religious institutions to decide whether or not to perform marriage ceremonies for same-sex couples.
In an Apr. 26 press release, Leno said the advancement of the bill shows the desire to reinforce the separation of church and state while still granting every American equal rights and protections.
“AB 19 puts that fundamental right into practice -- allowing loving, committed same-sex couples who want to devote their lives to one another, raise families, and protect themselves and their children the same rights and responsibilities as different-sex couples.”
Opponents of the bill, however, remain adamant that Leno’s attempts contradict the wishes of the voters, who approved Proposition 22 in 2000, defining marriage as between a man and a woman.
State Sen. Bill Marrow (R-Oceanside) continues to stand behind Senate Constitutional Amendment 1, which he introduced shortly after AB 19 went public.
SCA 1 would enshrine the traditional definition of marriage in the state Constitution, making future legislative attempts like AB 19 useless.
Pam Loomis, a spokesperson for Marrow, said SCA 1 is scheduled to be heard on May 10 in the Senate Judiciary Committee. This will be the first round of hearings for the amendment.
Both sides agree any legislation will face major battles as majority votes will continually be needed in every phase of discussion.
But according to UC Davis psychology professor Gregory Herek, getting majority support for either side of the gay marriage debate is not as clear cut, as the issue has now taken on numerous symbolic meanings.
“I think it has also become an issue of liberal versus conservative, attitudes about religious rights and attitudes about the judiciary,” Herek said. “All of these things are being thrown into the mix and I don’t know what sort of effect that will have on people in the middle.”
What is also unknown is the effect recent decisions by other states have had on California voters.
On Apr. 21, Connecticut became the second state to offer civil unions, following Vermont’s 2000 decision. Massachusetts now allows same-sex couples to marry after a 2004 court ruling.
However, gay marriage opponents have also had victories over the last year. The Oregon Supreme Court nullified 3,000 same-sex marriage licenses on Apr. 12, and on Apr. 5. Kansas voters overwhelmingly approved a ban on both gay marriage and civil unions in that state’s most recent election.
Although no recent numbers have been produced for California, Herek believes the gap between the two sides of the gay marriage debate remain closer than the rest of the country, regardless of other states’ actions.
“The most recent numbers I know of are from a field poll a year ago, which showed 50 percent who disapprove of same-sex marriages and 46 percent who approve,” Herek said. “And while it is still the case that there is more opposition than support, that six-point gap is pretty narrow and has certainly been a lot bigger in the past. What it suggests to me is that we’ve been moving in a direction of greater support in California."