California Legislature Makes History
And Becomes First In Nation
To Pass Marriage Equality Legislation

Equality California
Sept 6, 2005

Governor Schwarzenegger Faces A Decision That Will Likely Become Key Part of His Legacy.

Sacramento, CA -- In a tremendous turn of events, the California Legislature made history today by becoming the first state legislature in the nation to pass equal marriage rights legislation for same-sex couples. Needing 41 Votes to pass the Assembly after last week's historic 21-15 vote in the Senate, the final roll call was 41-35 in favor of Equality California-sponsored Assembly Bill (AB) 849, The Religious Freedom and Civil Marriage Protection Act, authored by Assemblymember Mark Leno (D-Francisco), Assembly Speaker Fabian Núñez (D-Los Angeles), and 30 co-authors including the LGBT Legislative Caucus.

Governor Schwarzenegger now has until October 6, 2005, to sign or veto the Bill or he can let it go into effect without his signature.

"Today in California, love conquered fear, principle conquered politics and equality conquered injustice," said Geoffrey Kors, Executive Director of Equality California. "For the first time in our nation's history, the people's elected representatives have taken a stand to protect all families and ensure equality for all. We are counting on Governor Schwarzenegger to lift the burden of discrimination from hundreds of thousands of California families by becoming the first governor in the nation to sign legislation ending discrimination against same-sex couples obtaining a civil marriage license. His legacy will in large part be based on whether he signs or vetoes this historic civil rights legislation."

This vote comes on the heels of a new poll by the Public Policy Institute of California that shows likely California voters are equally split, 46% to 46% On the issue of civil marriage for same-sex couples. This represents a shift in voter attitudes towards support for marriage equality. In comparison, Polling showed that 70% of the public opposed overturning prohibitions on Interracial marriage in 1967 when the United Supreme Court ruled such prohibitions to be unconstitutional.

California is now the first and only state in the nation where the legislature has voted to end marriage discrimination. Presently, Massachusetts is the only state to grant civil marriage licenses to same-sex couples. This was the result of a decision by the state's highest court. Vermont and Connecticut provide civil unions for same-sex couples, and California and New Jersey presently offer domestic partnerships. This victory in California, the state with the largest numbers of same-sex couples in the country, is anticipated to have an incredibly positive influence on the future of marriage equality nationwide.

"At last, righteous voices have found courageous votes," said Brian Bennett, member of the state Republican Central Committee and the EQCA Board. "Our Legislature didn't wait to be ordered to do the right thing, it just did it. And now the public is beginning to understand that this is about having the necessary protections and responsibilities needed to love, strengthen, and provide for our families. California is leading our nation, God-willing, into a new era where the true measure of dignity, equality, and compassion are voluntarily given."

Proposition 22, which said that California would not be required to recognize same-sex marriages from other states, is not impacted by this legislation. Further, the California Superior Court Judge Kramer deemed Proposition 22 unconstitutional earlier this year.

For local and regional spokespeople, please contact Eddie Gutiérrez, EQCA's Director of Communications, at 323-217-8875 or eddie@eqca.org. EQCA has offices in Sacramento, San Francisco and Los Angeles and chapter leaders throughout the state. We are also available for Spanish-language interviews.

Founded in 1998, Equality California is a nonprofit, nonpartisan, grassroots-based, statewide advocacy organization whose mission is to ensure the dignity, safety, equality and civil rights of all lesbian, gay, bisexual and transgender (LGBT) Californians. Equality California is one of the Largest and fastest growing statewide LGBT organizations in the country. We can be contacted through our website at www.eqca.org.