Gay marriage bill advances

California's gay and lesbian couples could legally marry in the state under legislation approved Tuesday by the Assembly for the second time in two years.

Gov. Arnold Schwarzenegger, who vetoed the 2005 legislation, said earlier this year that he would do so again.

But Schwarzenegger's opposition did not dampen more than 90 minutes of emotional debate Tuesday on the Assembly floor.

The final vote was 42-34, one more than necessary to send the measure to the Senate. Republicans opposed the legislation.

Assemblyman Mark Leno, D-San Francisco, characterized his Assembly Bill 43 as "marriage equality."

"Why would we want government dictating affairs of the heart?" he asked.

But Assemblyman Anthony Adams, R-Hesperia, said that supporting the notion of gay marriage violates his religious beliefs.

"As a Christian, I do believe that the act of homosexuality is immoral," he said.

Unlike two years ago, Tuesday's debate was not angry or hurtful, though both sides were passionate in their views.

California law does not permit gay marriage, but nearly identical rights and responsibilities are granted to homosexual couples who register with the state as domestic partners.

Other states are not required to recognize California's domestic partners, who don't qualify for federal Medicare, Social Security, veterans, food stamps, housing or other benefits given to married couples.

Under AB 43, gay and lesbian couples would be able to obtain civil marriage certificates from local government. Churches would not be required to perform such weddings.

Leno has likened California's current system to "separate but equal" accommodations.

The San Francisco Democrat, who is openly gay, questioned why the state should deem his love any less intense, sincere or meaningful than that of heterosexual couples.

Leno told the story of a gay man, Marvin Burrows, who had been involved in a 50-year love relationship. But when his partner died, Burrows found himself unable to pay the rent and ineligible for his partner's health, veterans or Social Security benefits.

"This is what our public policymaking is doing," Leno said.

But critics of AB 43 noted that Californians overwhelmingly passed a ballot measure seven years ago that said only marriage between a man and woman would be valid in the state.

"The will of the people has been spoken," Adams argued.

"If we believe California has changed, we need to go back to the voters," added Assemblywoman Sharon Runner, R-Lancaster. "Let them decide."

Supporters of AB 43 contend that the ballot measure passed in 2000, Proposition 22, applies only to recognition in California of gay marriages obtained outside the state.

Assemblywoman Laura Richardson, D-Long Beach, argued that legislators have a responsibility to ensure equality, regardless of public opinion.

"We are sent here, to this building, to use judgment -- not just count statistics," she said.

But Assemblyman Chuck DeVore, R-Irvine, said banning gay marriage is not a violation of constitutional rights to equal protection. State law treats everyone equally regarding marriages, he said.

"Any one person in the state can marry any other one person of the opposite sex," he said.

Assembly Speaker Fabian Núñez urged colleagues to support AB 43. "Today we have the opportunity to pave the way for the next generation," he said.

Schwarzenegger, in his 2005 veto message, said he supports the notion of equal rights but would not overturn the will of voters in passing Proposition 22.

Schwarzenegger said courts ultimately must decide whether gay marriage is a constitutional right.

"This bill simply adds confusion to a constitutional issue," he said in his veto message two years ago. "If the ban of same-sex marriage is unconstitutional, this bill is not necessary. If the ban is constitutional, this bill is ineffective."

Leno said Tuesday he has requested that Schwarzenegger hear from gays and lesbians affected by the current ban on gay marriage.

Leno expressed hope that Schwarzenegger would change his mind.

"I'm certain that he's an open-minded and open-hearted individual," Leno said. "And that when he learns more, he'll understand more."

About the writer:

• The Bee's Jim Sanders can be reached at (916) 326-5538 or jsanders@sacbee.com.