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Schwarzenegger Vetoes Gender Neutral Marriage Bill; We Post Veto Message
(September 29, 2005) -- Gov. Arnold Schwarzenegger today vetoed AB 849, the gender neutral marriage bill passed by the state legislature.
LBReport.com posts the Governor's veto message verbatim below:
To the Members of the California State Assembly:
I am returning Assembly Bill 849 without my signature because I do not believe the
Legislature can reverse an initiative approved by the people of California.
I am proud California is a leader in recognizing and respecting domestic partnerships and
the equal rights of domestic partners. I believe that lesbian and gay couples are entitled
to full protection under the law and should not be discriminated against based upon their
relationships. I support current domestic partnership rights and will continue to
vigorously defend and enforce these rights and as such will not support any rollback.
California Family Code Section 308.5 was enacted by an initiative statute passed by the
voters as Proposition 22 in 2000. Article II, section 10 of the California Constitution
prohibits the Legislature from amending this initiative statute without a vote of the
people. This bill does not provide for such a vote.
The ultimate issue regarding the constitutionality of section 308.5 and its prohibition
against same-sex marriage is currently before the Court of Appeal in San Francisco and
will likely be decided by the Supreme Court.
This bill simply adds confusion to a constitutional issue. If the ban of same-sex marriage
is unconstitutional, this bill is not necessary. If the ban is constitutional, this bill is
ineffective.
Sincerely,
Arnold Schwarzenegger
The Assembly vote on the bill was 41-35 (41 votes needed for passage). This was the roll call:
VOTES - ROLL CALL
MEASURE: AB 849
AUTHOR: Leno
TOPIC: Gender-neutral marriage.
DATE: 09/06/2005
LOCATION: ASM. FLOOR
MOTION: AB 849 Leno
Concurrence in Senate Amendments
(AYES 41. NOES 35.) (PASS)
AYES
****
Bass Berg Bermudez Calderon
Canciamilla Chan Chavez Chu
Cohn Coto De La Torre Dymally
Evans Frommer Goldberg Hancock
Jones Karnette Klehs Koretz
Laird Leno Levine Lieber
Liu Montanez Mullin Nation
Nava Negrete McLeod Oropeza Pavley
Ridley-Thomas Ruskin Saldana Salinas
Torrico Umberg Wolk Yee
Nunez
NOES
****
Aghazarian Arambula Benoit Blakeslee
Bogh Cogdill Daucher DeVore
Emmerson Harman Haynes Shirley Horton
Houston Huff Keene La Malfa
La Suer Leslie Matthews Maze
McCarthy Mountjoy Nakanishi Niello
Parra Plescia Richman Sharon Runner
Spitzer Strickland Tran Vargas
Villines Walters Wyland
ABSENT, ABSTAINING, OR NOT VOTING
*********************************
Baca Garcia Jerome Horton Vacancy
The Senate vote on the bill was 21-15 (21 needed for passage). This was the roll call:
VOTES - ROLL CALL
MEASURE: AB 849
AUTHOR: Leno
TOPIC: Gender-neutral marriage.
DATE: 09/01/2005
LOCATION: SEN. FLOOR
MOTION: Assembly 3rd Reading AB849 Leno By Kuehl
(AYES 21. NOES 15.) (PASS)
AYES
****
Alarcon Alquist Bowen Cedillo
Chesbro Dunn Escutia Figueroa
Kehoe Kuehl Lowenthal Migden
Murray Ortiz Perata Romero
Simitian Soto Speier Torlakson
Vincent
NOES
****
Aanestad Ackerman Ashburn Battin
Campbell Cox Denham Dutton
Florez Hollingsworth Maldonado Margett
McClintock Poochigian Runner
ABSENT, ABSTAINING, OR NOT VOTING
*********************************
Ducheny Machado Morrow Scott
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