A bill was passed in 2005, which would legalize same sex marriage in California. Governor Schwarzenegger vetoed it, establishing that it is not the right of lawmakers or courts to decide what is best for the state, but that it is up to the people of California.
A spokesperson for the governor has stated that he has not changed his mind on this matter, indicating that if the bill passes he will veto it again, but that won’t stop the bill from being considered by the Assembly Judiciary Committee. The bill, said to be identical to the previous one, will be presented on Tuesday.
Voters in California already decided this issue in 2000 when they voted for Proposition 22, a ballot measure that clearly states that marriage in California is only “valid” and “recognized” when between one man and one woman. Soon after the initiative passed, lawsuits began to be filed and ultimately, the California Supreme Court will decide the matter.
In keeping with the Constitution of California, ballot initiatives can only be overturned or amended if another public vote changes the original outcome. State Representatives and Senators are to represent the will of the people, not attempt to override it. Governor Schwarzenegger addressed this at the time the original bill was passed and apparently does not intend to cave to political pressure this time either, but to follow the state Constitution.
There is some controversy over whether Proposition 22 was meant only to protect California from being forced to accept out of state marriages, but under the language used in the initiative, that makes no sense. Proposition 22 doesn’t differentiate between marriages performed in state or out of state, makes it clear: “Only marriage between a man and a woman is valid or recognized in California.”
Clearly, this will continue to be an issue as a vocal minority works to usurp the will of the majority of California citizens and the state Constitution. It will likely be a hot button issue until the California Supreme Court addresses the issue, and depending on the ruling, even that may not be the end of it.
Previous Articles:
Marriage Debates: California Gay Marriage Ban to Be Appealed
Appealing the Will of the People, Part I
Appealing the Will of the People, Part II