AB 849 - Will of the People?
Governor Schwarzeneggers office stated that he intends to veto AB 849, The Religious Freedom and Civil Marriage Protection Act. By doing so it is unlikely that he would stand to gain any votes. After all he is a republican governor elected by moderate liberals. In a state faced with financial difficulties he would veto a bill that UCLA contends would likely save the state 25 million dollars (this is among the lowest estimates). The governors office has even stated that personally he supports same-sex marriage. So, is he simply demonstrating the will of the people? Nope.
The Public Policy Institute of California finds the governors approval rating is declining sharply. Only 34% of Californians approve of the governors job performance. I know I dont. Moreover, this same institute finds that only 46% of Californians actually oppose same-sex marriage. This statistic should not surprise anyone as the legislature, acting as the voice of the people, did enroll AB 849. Here is the link for those of you having a hard time believing that there are people who dont support the homophobic agenda: Click here to check it out. Conservatives have long charged that the legislature is best suited to handle this matter and that the courts should not legislate from the bench. When will conservatives learn to keep their word? If you want us to fight this battle in the courts then that is where we will win; if you want us to win that same battle in the legislature then dont bitch when we do. Why then does Governor Schwarzenegger think that this is a matter for the courts to decide? Maybe it's Proposition 22.
Proposition 22 was introduced to the voters in 2000 and has two serious flaws: 1) it was an initiative to add only marriage between a man and a women is valid or recognized in California to section 308 of the family code. Section 308 relates to the validity of marriages performed in other states; it is section 301 that defines who may and may not marry within California. The authors could have chosen to amend section 301 rather than 308. 2) Regardless of the applicability of Proposition 22, it has already been ruled as an unconstitutional initiative by the California Superior Court.
There is no reason why the governor should not protect all Californians, including myself, and sign this bill into law. But then again he doesnt even have to do that. He could simply allow the law to go into effect without his signature. Even if the governor does have moral issues with the bill becoming law, which he clearly doesnt, I would suggest that he just bite the bullet. The constitution and common sense for that matter apply equally to all.
However, there still may be hope. The governor announced his intention to veto AB 849 almost immediately after its passage in the Assembly. But the governor has now had the bill for over 7 days and has yet to veto it. Maybe he is still polling public support: 916-445-2841.
Written by Davin Cole