California Senate Becomes First in the Nation to Pass Equal Marriage Legislation

By Eddie Gutierrez

After a heart-felt and emotional hour on the Senate floor, the longest and most passionate discussion of any bill this year, the California Senate took one huge step forward by becoming the first legislative body in the nation to pass equal marriage rights legislation for the LGBT community.

Assembly Bill 849, carried by Assemblymember Mark Leno, 30 other co-authors, and Equality California, passed the Senate 21-15, and now heads for a full Assembly vote the week after Labor Day. Legislators have until Sept. 9 to review more than 400 bills that still remain in limbo. In June, the bill was four votes shy of passing in the Assembly, but after a common procedure elected officials use, the bill found a new legislative vehicle and found itself back on the Senate side in July.

In Massachusetts, full marriage rights are granted to same-sex couples, but only after the State Supreme Court declared civil unions unconstitutional. Vermont and Connecticut issue civil unions for same-sex couples, but fail to offer the same rights and responsibilities of marriage. With the largest numbers of same-sex couples -- and the most diverse -- in the country, California will have a tremendous influence on the future of marriage equality nationwide.

The focus will largely be on Assemblymembers who abstained or did not vote, which include Simon Salinas, Tom Umberg, Gloria Negrete McLeod, Jerome Horton, and members who voted no, such as Joe Baca Jr., Barbara Matthews, Nicole Para, and Juan Vargas. The vote will be close, and it is an all-hands-on-deck, with Christine Chavez, granddaughter of labor leader Cesar Chavez, helping with Equality California's field and public education efforts, and the more than 200 organizations and local leaders working night and day to get the 41 votes needed to pass the Legislature and send it to the governor, who has not made any decisions to veto or pass the bill. Gov. Schwarzenegger will have 12 days from the minute the bill lands on his desk, with an additional 30 days to review all legislation.

Sen. Sheila Kuehl, chair of the LGBT legislative caucus, talked about need for this legislation. "This is a bill whose time has come ... Gay and lesbian people fall in love. We settle down. We commit our lives to one another. We raise our children. We protect them. We try to be good citizens."

The passion heard on the Senate floor was undeniable. All the Democrats who are leaving the Senate and running for statewide offices spoke strongly in favor of marriage equality -- even after they were heavily targeted by anti-gay extremists. Another interesting factoid was that all senators, whose districts overlap with Assemblymembers that abstained or voted against the bill, voted for the bill -- likely one of the main turning points that is driving momentum for the bill.

"Equality is equality, period ... And that it is the most important piece ... of legislation that I voted for in my career. I want my grandchildren to be proud of me that I stood for equality and justice for all," said Sen. Liz Figueroa of Fremont.

Others, like Sen. Deborah Ortiz, representing Sacramento, related arguments in favor of the state's current marriage laws to those used to inter Japanese Americans and justify slavery. "History has shown that that was wrong," she said. She also commented that "despite all the lobbying," with over 4,000 calls, her record was consistent for LGBT rights and she respects "the dignity and humanity of the gay community."

Sen. Jackie Speier commented, "This is probably the most profound civil rights movement of our generation without a doubt."

But some Republican senators said marriage is between a man and a woman and argued that the institution was created by God. "...A higher power created the institution of marriage," said Sen. Dennis Hollingsworth of San Diego. "We should protect traditional marriage and we should uphold all of those values and institutions that have made our society -- that keep our society together today."

Sen. Nell Soto, representing Ontario, disagreed, saying, "We're doing something here that I believe is one of the best and most right things that we can do today ... Many people here have alluded to a higher power. Well I believe a higher power said to us love one another, not judge one another. We are not here to judge. Love is love. And if only more people would think about that, this might be a different world in which to live in. This is a civil rights issue." This erupted into more statements arguing this was not a religious issue. "The last time I checked, a higher power created us all," said Richard Alarcón of the San Fernando Valley. "I don't think anyone should claim God as being on their side in this debate. We are here to discuss the civil rights of all Californians," argued Debra Bowen of Redondo Beach.

"I hope you vote for the bill because you believe in equity on the earth," said Sen. Carole Migden of San Francisco and one of three lesbian state senators. As she spoke a tear ran down Kuehl's cheek. Kuehl was first elected to the Legislature 15 years ago, joined shortly after by Migden. "This conversation would have been unheard of then," Kuehl had said earlier in the debate.

"I can only say I meet you all with an open heart," Migden said to the bill's opponents, "but I don't presume to judge you or interfere with your interpretations of your love."

As the vote was called, senators swarmed around Leno and Kuehl as they wept openly. Afterwards, Leno spoke to the press and explained that progress in LGBT rights in California has been incremental. "There is no more increment," he said. "Either we're first class citizens, or we're not."

This was a day for the history books.

- Eddie Gutierrez is the communications director for Equality California.

 
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