Equal Marriage Victories bring Celebration, Lobbying

By Lisa Weiner-Mahfuz, Lesbian Rights Field Organizer

September 19, 2005

Two major wins this month have left supporters of equal marriage rights celebrating legislative victories in Massachusetts and California, while lobbying Gov. Arnold Schwarzenegger to sign the California measure.

"This is an exciting and significant step forward for the marriage equality movement," said Melody Drnach, NOW Action Vice President. "California's is the first and only state legislature in the country that has voted to end marriage discrimination against same-sex couples. This was a long overdue vote for justice and equality."

California Veto Threatened

In California, both houses of the legislature approved a measure legalizing same-sex marriage, the Religious Freedom and Civil Marriage Protection Act (AB) 849. Among those who pulled out all the stops to get the last few votes were state NAACP chair Alice Huffman; United Farm Workers founder Dolores Huerta; Christine Chavez-Delgado, granddaughter of Cesar Chavez, and Willie Brown, the former mayor of San Francisco.

Calif. Gov. Arnold Schwarzenegger, a Republican, voiced support for same-sex marriage during his campaign, but recently indicated that he would veto the bill when it reaches his desk. He has until Oct. 6 to sign or veto the bill, but could act as early as Friday, September 23.

"I urge Gov. Schwarzenegger to stand on the right side of history and ensure that the Religious Freedom and Civil Marriage Protection Act becomes law. Thousands of California families deserve the rights, responsibilities and respect that civil marriage will afford them," said NOW President Kim Gandy.

Mass. Legislature Defeats Anti-Marriage Amendment

In Massachusetts, the state legislature defeated a proposed constitutional amendment seeking to ban same-sex marriage and create civil unions, which would have, if passed, appeared on the 2006 ballot. The measure was defeated on Sept. 14 by a vote of 157 to 39.

The proposed amendment was a result of a landmark court victory in 2003, when the Massachusetts Supreme Court ruled that preventing same-sex couples from marrying violated the state constitution. The amendment was advanced by anti-marriage groups to sidestep the court's ruling.

But the fight for same-sex marriage goes on in Massachusetts. Groups are now trying to place a constitutional amendment on the 2008 ballot that would ban same-sex marriages without even creating civil unions. Many believe this strategy will help the anti-marriage groups garner more votes, as some opponents of same-sex marriage might vote against any measure that allows civil unions, even if it prohibits same-sex marriage.

"All of the people of this country, regardless of their sexual orientation, should have the same right to the host of legal protections that marriage brings to their families — from health insurance and tax deductions to inheritance and child custody," said NOW President Kim Gandy. "I applaud the legislature for standing up for the rights of every person in Massachusetts, and hope that the Governor of California will show the same strength of character."