Governor's gay rights tightrope
Same-sex unions vetoed; 4 other partner bills OK'd
Andrew LaMar, San Jose Mercury News
September 30, 2005

Sacramento - Holding to his pledge, Gov. Arnold Schwarzenegger on Thursday vetoed landmark legislation to legalize same-sex marriage in California.

The decision was one of 109 the governor handed down Thursday on bills the Legislature passed in the waning days of its session, which ended Sept. 8.

The Republican governor also rejected increasing the state's minimum wage by $1 over two years and backed a raft of environmental measures, including a mandate for the state to examine and evaluate alternative fuels. He also approved legislation that would ensure that women seeking emergency contraception could not be denied by pharmacists who cite moral objections.

Walking a political tightrope, the governor vetoed the same-sex marriage legislation, as expected, but he also embraced four other measures broadening rights for domestic partners.

Advocates on both sides of the hot-button issue said the governor's veto pen did little to settle a fierce, ongoing debate that is expected to intensify next year with two new initiatives in the works to restrict marriage to a man and a woman.

"This was the big enchilada, and it's very disappointing,'' said Patrick Soricone, executive director of the Billy DeFrank LGBT Community Center in San Jose.

Schwarzenegger objected to the same-sex measure written by Assemblyman Mark Leno, D-San Francisco, "because I do not believe the Legislature can reverse an initiative approved by the people of California,'' he wrote in his veto message. The governor was referring to Proposition 22, which defined marriage as a union between a man and a woman and passed in 2000.

The measure amended the California Constitution and therefore cannot be changed without a vote of the people, the governor said. Leno's bill does not call for such a vote. In addition, the proposition is under court challenge as unconstitutional.

Schwarzenegger wrote, "If the ban of same-sex marriage is unconstitutional, this bill is not necessary. If the ban is constitutional, this bill is ineffective.''

Leno and other supporters of his legislation found the governor's decision tough to take. They called on him to oppose next year's initiatives. Leno's bill was the first legalizing same-sex marriage to pass any legislature in the nation, without a court order involved.

"The governor has failed his test of leadership and has missed a historic opportunity to stand up for the basic civil rights of all Californians,'' Leno said. "He cannot claim to support fair and equal protection for same-sex couples and veto the very bill that would have provided it to them.''

Democrats portrayed same-sex marriage as a civil rights issue, while Republicans pointed to Proposition 22. The explosive question may serve as a campaign issue next year as well. Both Democratic candidates for governor -- Treasurer Phil Angelides and state Controller Steve Westly -- issued statements condemning the veto.

But Assemblywoman Sharon Runner, R-Lancaster, speaking for her GOP caucus, called Leno's measure an attempt to "radically redefine marriage.''

Randy Thomasson, president of the conservative group Campaign for Children and Families, applauded the veto but lamented his signing of other bills pushed by the gay community. One allows domestic partners to receive death benefits of retired public employees. Another ensures that domestic partners are treated the same as spouses under state property tax laws.

In all on Thursday, Schwarzenegger signed 57 bills and vetoed 52. He has until Oct. 9 to determine the fate of hundreds of bills still pending. The governor also:

• Vetoed legislation by Assemblywoman Sally Lieber, D-San Jose, to boost the minimum wage $1 over two years and tie future increases to inflation.

• Signed a measure intended to ensure that pharmacists do not deny women emergency contraception.

• Signed a measure by Assemblywoman Fran Pavley, D-Woodland Hills, that requires the California Energy Commission to develop a plan for increasing alternative fuels.

• Vetoed a bill by Assemblyman Joe Canciamilla, D-Martinez, that would have authorized a study about why textbooks are not affordable to many schools. The bill was prompted by a 2002 Mercury News investigation.