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Friday, September 02, 2005

Law - California Senate votes to let gays marry

"Calif. Senate Passes Gay Marriage Bill: Move Is the First by a State Legislative Body Without a Court Order" is the headline to this story today in the Washington Post. Some quotes:

SACRAMENTO, Sept. 1 -- The California Senate voted Thursday to allow gay couples to wed, becoming the first legislative body in the nation to approve same-sex marriage without a court order.

The bill would recast the state's legal definition of marriage as a union between two people rather than one between a man and a woman.

Yet it faces an uncertain future: The California Assembly narrowly rejected similar legislation in June, and Gov. Arnold Schwarzenegger (R) has given mixed or ambiguous responses on whether he would support or veto such a bill.

Still, its passage, on a vote of 21 to 15, was hailed by advocates as a breakthrough for gay rights.

"It will totally take away the argument that it is just 'activist judges' who are finding for marriage nondiscrimination," said Geoff Kors, the head of Equality California. "It's the people's representatives in the largest state in the nation doing this."

The LA Times reports:
SACRAMENTO — The California Senate voted Thursday to allow homosexuals to marry, becoming the first legislative body in the United States to embrace the idea and setting off a scramble for three votes needed for passage in the Assembly.

Almost completely along party lines, the Democrat-controlled Senate approved the Religious Freedom and Civil Marriage Protection Act, which would allow marriage between two people rather than only between a man and a woman.

The measure passed by the minimum number of necessary votes, 21-15, after a sometimes personal debate in which both sides acknowledged the momentous nature of the vote.

Sen. Sheila Kuehl (D-Santa Monica), one of six openly gay legislators in Sacramento, said that allowing homosexuals to marry "unchains a community that has participated in this state since its inception."

With only a week left before lawmakers adjourn for the year, the measure faces a tough fight in the Assembly, which defeated it in June. Signaling a likely veto if it does pass, Gov. Arnold Schwarzenegger's spokeswoman said he preferred to let judges sort out the legality of gay marriage; such a case is moving toward the state Supreme Court.

Re the court case, see this August 10, 2005 story from SFGate, com. Here is Judge Kramer's California Superior Court of San Franscisco County 3/14/05 decision that is "moving toward the state Supreme Court." Here is the related 3/16/05 ILB entry.

Posted by Marcia Oddi on September 2, 2005 10:52 AM
Posted to General Law Related