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Three down, one to go

By Boyce Hinman, chief lobbyist

(July 2, 2008) – In June the California secretary of state announced that Initiative #1309 failed to qualify for the November 2008 ballot in California. This initiative, if passed by the voters, would have amended California's state constitution to ban the recognition of same-sex marriages in California. It would also have overturned all domestic partner laws passed by the state legislature since 1999. Finally, it would have forbidden the enactment of any new laws to provide protections or benefits to same-sex couples in California.

This bad initiative had been proposed by two arch-conservatives, Randy Thomasson (founder and president of Campaign for Children and Families) and former Republican Assemblyman Larry Bowler. To qualify their initiative for the ballot, they were required to submit petitions in support of the initiative to the secretary of state no later than May 27. The petitions had to have a minimum of 694,354 valid signatures on them. Thomasson and Bowler failed to submit the required number of signatures by the deadline.

Thomasson and Bowler have been very busy. They proposed three other initiatives which also would have banned same-sex marriage and banned laws to protect and benefit same-sex couples. Three of their initiatives (#1264, #1293, and #1309) have now failed to gather the necessary number of signatures to appear on the November ballot. They have one initiative left, #1322. Like the other initiatives, this one would ban same-sex marriage, overturn all current domestic partner laws, and ban the enactment of new laws to benefit or protect domestic partners. The due date for submission of signatures on this initiative is June 30. It now looks likely that this initiative will also fail to qualify for the November ballot.

However, an initiative to just ban same-sex marriage in California has qualified for the fall ballot. This one was introduced by Gail Knight, widow of former senator Pete Knight, and others. It is important that we all vote in opposition to this insidious initiative on November 4 and that we persuade as many people as possible to do the same.

 

Same-sex marriage: Now what?

By Boyce Hinman, chief lobbyist

(May 22, 2008) – On May 15 the California Supreme Court ruled that a ban on same-sex marriage in California is in violation of the state constitution. In a four to three ruling, the court stated that such a ban is an unconstitutional infringement on a same-sex couple's right to marry, and violates their right to equal protection under the California constitution.

This decision invalidates Proposition 22, which California voters approved in 2002. That proposition said that "only marriage between a man and a woman is valid or recognized in California." But Proposition 22 created only legislation; it did not amend the state's constitution. So the majority opinion of the Supreme Court said the constitutional right to marry, and to equal protection under the law, invalidates Proposition 22.

It is interesting to note that at least one justice who opposed overturning the ban at this time, Justice Corrigan, said that same-sex couples should be allowed to marry, but that it should not come as the result of a decision by the state Supreme Court. In her separate opinion, Justice Corrigan said that sentiment among the public seems to be moving in the direction of approving same-sex marriage and, if left alone, the people might actually vote to approve same-sex marriage at some time in the near future. Her opinion suggested that the Supreme Court's decision to overturn the ban might cause a backlash that would have the opposite effect. As evidence of this, she cited the constitutional amendment initiatives to ban same-sex marriage that are being proposed for this fall's ballot.

At any rate, same-sex marriage will soon be legal in California. The court said its ruling will take effect in 30 days. That means that same-sex couples should be able to get marriage licenses on June 16. In Sacramento the county clerk's office reports that they are being flooded with calls. They have already scheduled appointments for 30 same-sex couples to apply for marriage licenses, and to get married in a ceremony at the clerk's office on June 16. That is the maximum they could handle for that day.

People wishing to get marriage licenses in Sacramento County can go to the county clerk recorder's office at 600 8th Street, Room 121. They can also get married at that office with a member of the county clerk's staff officiating. People should bring a friend to sign as a witness to the marriage license documents or, for a fee, a staff member in the office can sign as a witness.

However, people who just walk into the office may have to wait a long time to be served. People will get faster service if they call the county clerk's office and make an appointment to get a marriage license and be married. To do this, call (916) 874-6131.

If you live in a county other than Sacramento, you can get the phone number and address of your county clerk's office on the web. Direct your web browser to www.sos.ca.gov/elections/elections_d.htm and then click the name of your county to get the county elections officials contact information. You can also look for County Clerk Recorder in the phone directory listing of county offices.

There are costs involved. In Sacramento, the fee for getting a marriage license is $77, the fee for the wedding ceremony is $31, and the fee for a certified copy of the marriage license is $13. Fees vary from county to county, but they will probably be similar to Sacramento's fees.

There are some things you should know that may affect the future validity of marriage licenses issued to same-sex couples. Recently the opponents of marriage equality submitted over one million signatures on a petition to put an anti-marriage equality constitutional amendment initiative on the November ballot. That initiative would amend the state constitution to say, "only marriage between a man and a woman is valid or recognized in California."

Because this is an actual constitutional initiative, if it is approved by the voters in November, it would, in essence, overturn the recent Supreme Court decision. The secretary of state's office is now reviewing the signatures to see if there are enough valid signatures to qualify the initiative for the November ballot. They need 694,354 valid signatures to qualify. The secretary of state is expected to announce the result of the review in early June, after the mailing of this newsletter.

I have consulted with staff at both Equality California and the National Center for Lesbian Rights. They each say it is unclear, at this point, whether marriages that occur before passage of the initiative would remain valid if the constitutional initiative passes. No doubt the courts would make the final determination on that question.

There is a fairly good chance that the initiative will not pass. The court decision, and the sight of same-sex couples marrying, is liable to drive more conservatives to the polls to vote in favor of the initiative. However, recent surveys indicate that younger voters are much more receptive to same-sex couples getting married. Also, Barack Obama may be on the ballot this fall. All during the presidential primary campaign he has been bringing out huge numbers of voters, and many of them have been young people. So he may bring many young liberal voters to the polls in California who could provide the majority needed to defeat the anti-marriage initiative.

Still, it is not a shoo-in. Our side will have to work hard to persuade the voters to oppose the initiative. But with hard work we may yet win the day.

 

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