Yesterday, California became the first state in the nation to pass a bill to legalize same-sex marriage without a court order.
The California Assembly voted Tuesday to allow gay and lesbian couples to marry, making the state’s legislature the first in the nation to deliberately approve same-sex marriages and handing a political hot potato to an already beleaguered Gov. Arnold Schwarzenegger (R).
After a vehement floor debate in which legislators quoted the Pledge of Allegiance and accused each other of abusing moral principles, the state Assembly passed the Religious Freedom and Civil Marriage Protection Act, which recasts the definition of marriage as between “two persons,” not between a man and a woman. The state Senate passed the bill last week.
So, what will Schwarzenegger do? His office hinted yesterday, as it has in the past, that the governor will veto the bill, despite his generally social libertarian views.
After the vote, Schwarzenegger spokeswoman Margita Thompson said: “The people spoke when they passed Proposition 22. The issue subsequently went to the courts. The governor believes the courts are the correct venue for this decision to be made.”
In other words, Schwarzenegger wants to rely on judges legislating from the bench. How refreshing.
But here’s another thought: if Schwarzenegger really wants the courts to address the question, he should sign the bill — and wait for the inevitable lawsuit.
Kevin Drum noted that California passed Proposition 22 about five years ago, which, according to some interpretations, ensured that the state wouldn’t recognize same-sex marriages from other states.
Bottom line: if Arnold signs AB 849, it will be up to the courts to decide if the legislation is constitutional, and it’s anyone’s guess how they’ll rule.
Politically, I see this as a way out for Schwarzenegger. He can sign the bill with minimal fanfare. He could then tell the left, “See? I’m a moderate and I listened to the Dem majorities in the legislature.” At the same time, he could tell the right, “I want the gay-marriage issue dealt with once-and-for-all. This new bill conflicts with Prop 22, so file a court challenge, you’ll win, and the issue will go away.”
Or he’ll just veto the bill; no one knows. Schwarzenegger has until Oct. 9 to veto or sign.