Harvey Milk is a lightning rod in death – just as he was in life. Martyred hero or misplaced symbol, take your pick.

Nearly three decades after Milk and Mayor George Moscone were fatally shot by a fellow city lawmaker inside San Francisco City Hall, the gay activist's renown continues to grow:

• A bronze bust of Milk was unveiled at San Francisco City Hall two months ago to honor the former county supervisor and first openly gay man elected to office in a major U.S. city.

• Actor Sean Penn will star as Milk in a feature film about his political life and infamous death at the hands of Dan White.

• Milk's memory was celebrated this year by San Francisco's gay pride parade, which named his nephew, Stuart Milk, as a grand marshal.

Pending legislation would declare an annual Harvey Milk Day in California, a day of "special significance" in which schools would be encouraged to commemorate his life.

Alice Kessler of Equality California, a gay-rights advocacy group, said Milk is a symbol of civil rights activism and a role model for all – particularly for gay, lesbian, bisexual and transgender youth who face intolerance themselves.

"We feel Harvey Milk is a great Californian and someone who made an indelible mark," she said.

Critics say the gay community is showcasing Milk as part of a larger campaign to win societal acceptance, legalize gay marriage and force schools to discuss alternative lifestyles.

"What significant contribution did Harvey Milk bring to the state of California – other than encouraging gay people to come out of the closet?" asked Benjamin Lopez of the Traditional Values Coalition.

"This is yet another example of them trying to normalize and force acceptance of the gay lifestyle upon people," he said.

Though he served less than one year in office, Milk, 48 when he died, signaled that homosexuals need not deny their identities to win elections.

Milk, the owner of a camera shop, was affectionately known as the "Mayor of Castro Street."

He joined the San Francisco Board of Supervisors in 1978 after losing two previous bids for local and statewide office.

The rookie lawmaker sponsored and passed a local gay rights initiative. He also helped defeat a 1978 ballot initiative to ban gays and lesbians from teaching in California public schools.

Milk exhorted gays and lesbians to fight oppression of all kinds.

Assembly Bill 2567, in proposing to honor Milk, quotes from a speech the activist made at the 1978 gay freedom parade.

"Wake up, America. … No more racism, no more sexism, no more ageism, no more hatred. … No more!" he said.

Milk and Moscone died in a November 1978 shooting rampage by White, who had resigned from his supervisorial seat and was enraged when the mayor balked at reappointing him.

Before his death, sensing the possibility of assassination, Milk recorded a now-famous quote cited by AB 2567:

"If a bullet should enter my brain," Milk said, "let that bullet destroy every closet door."

Stuart Milk, who also is gay, said he was 17 when his uncle died.

"We used to have long conversations about just accepting yourself, accepting who you are, whatever it is," said Stuart Milk, a Florida resident.

San Francisco Mayor Gavin Newsom supports AB 2567, which stops short of seeking a state holiday but would annually observe Milk's birthday, May 22, in the same way that John Muir is honored now.

"It's time to recognize Harvey Milk as a civil rights leader," said Nathan Ballard, Newsom's spokesman. "He was a trailblazer and he deserves to be honored."

AB 2567 would encourage public schools to observe Harvey Milk Day and to conduct "suitable commemorative exercises."

Gov. Arnold Schwarzenegger has taken no position on the bill, which awaits action in the Senate after passing the Assembly, 45-28, with most Republicans voting no.

Randy Thomasson, of Campaign for California Children and Families, which opposes AB 2567, said the bill is a new tactic in a long push to portray homosexuality in a positive light to kids.

"Harvey Milk Day is the equivalent of having Gay Day at every school in the state," he said.

"We're going to be forcing young children to be grappling with these sexual lifestyles," agreed Meredith Turney of Capitol Resource Family Impact, which also opposes AB 2567.

Characterizing Milk as a civil rights leader based on issues surrounding homosexuality insults decades of struggle by racial minorities, Lopez said.

"They've definitely hijacked the Freedom Train of the late '60s to benefit their own sexuality and their own cause," he said.

Milk's contributions as a gay rights pioneer prompted Time magazine to select him nearly a decade ago as one of the world's 100 most important people of the 20th century.

Assemblyman Mark Leno, a San Francisco Democrat who proposed AB 2567, said Milk's story is one of courage and commitment that teaches "respect and dignity to all our students."

Leno, who also is gay, said AB 2567 celebrates tolerance, hope and inspiration – not sexual preferences.

"He literally gave his life so that I and other (gay activists) could serve in public office," he said. "We need to keep the flame alive."

Call Jim Sanders, Bee Capitol Bureau, (916) 326-5538.