|
Tell the Governor: Don't Veto Family Equality
For the second year in a row, the California Legislature has passed legislation that would ensure marriage equality for all. The Religious Freedom and Civil Marriage Protection Act (AB 43), authored by Assemblymember Mark Leno, would grant same-sex couples the ability to marry. But instead of meeting with lesbian and gay families to fully understand the discrimination caused by excluding them from marriage, or listening to the thousands of people statewide who support marriage equality, Governor Schwarzenegger again announced plans to veto this monumental civil rights bill. BUT IT’S NOT TOO LATE TO URGE THE GOVERNOR TO TALK TO FAMILIES FIRST, BEFORE TAKING A STAND IN SUPPORT OF DISCRIMINATING AGAINST THEM. AB 43 is headed to the Governor’s desk for action. He has until October 14 to sign the bill. PLEASE CALL, WRITE, FAX OR EMAIL THE GOVERNOR TO LET HIM KNOW HOW DISAPPOINTED YOU ARE IN HIS HASTY AND WRONGHEADED DECISION CONTACT THE GOVERNOR NOW: Capitol Office Phone: 916-445-2841 And send this free fax letter to the Governor as well. Edit it to tell your personal story, especially if you are part of a family that is harmed by inequality in marriage. Tell the Governor: Forward momentum is toward fairness, equal rights, and justice. Ensure a legacy of fairness and equality, not discrimination. Do not veto AB 43.
Dear [ Decision Maker ] , As a Californian who believes that everyone should be treated equally, I ask you to sign AB 43 into law. AB 43, the Religious Freedom and Civil Marriage Protection Act, would end discrimination against same-sex couples in the issuance of civil marriage licenses by government officials in California. According to the 2000 Census, there are almost 100,000 same-sex couples living in California. While gay and lesbian couples pay the same taxes as every other Californian, they are denied a number of state rights and 1,138 federal rights that come with civil marriage. Even if they are registered domestic partners, these couples are considered "legal strangers" as soon as they cross into another state. Same-sex couples love each other and their children as much as any other couple. They share a home, resources, children, and a life together. There is no rational reason to deny committed same-sex couples the rights and responsibilities of civil marriage. AB 43 also adds specific provisions to underscore that every religious institution remains free to determine for which couples it will perform religious marriage ceremonies based on its own particular religious tenets. I urge you to sign this important piece of legislation into law.
Sincerely, |
Campaign Launched: |
| Background Information |
The Religious Freedom and Civil Marriage Protection Act will guarantee the California Constitution’s protection of religious freedom and ensure equal treatment under the law by allowing same-sex couples to marry in California. It is authored by Assemblymember Mark Leno.
California law currently provides registered domestic partners with a significant number of legal rights, benefits, responsibilities, duties, and obligations available to married couples. However, while California’s domestic partner law is very important, it is not equal to marriage. Married couples benefit from more than 1,000 rights and responsibilities under federal law that are unavailable to domestic partners, including the right to sponsor a partner for immigration to the U.S., the right to collect Social Security survivor’s benefits, the right to family and medical leave, and the right to file joint income tax returns.
California Family Code Section 300 defines marriage as "a personal relation arising out of a civil contract between a man and a woman."
-
The Religious Freedom and Civil Marriage Protection Act would amend Section 300 to read: "Marriage is a personal relation arising out of a civil contract between two persons." Simply put, the bill would amend state law to end discrimination against same-sex couples seeking marriage licenses within California. AB 43 acknowledges once and for all that same-sex couples in long-term, committed relationships and their families are entitled to equal dignity, liberty, and protection under California law.
-
California Family Code Section 308 states the general rule that a marriage contracted in another state that is valid under that state’s law will be recognized as valid in California.
-
Proposition 22 established an exception to this rule that prohibits California from recognizing same-sex marriages contracted in another state. However, Proposition 22 did not prohibit marriage between same-sex couples within California - such a prohibition already existed in Family Code Section 300, which was established by the legislature and defines marriage under California law as between a man and a woman.
-
Proponents of Proposition 22 themselves acknowledged that the initiative was merely meant to "close a loophole" between California's marriage law and the law of other jurisdictions that were considering proposals to permit same-sex marriage.
AB 43 does not conflict with Proposition 22 and it does not restrict the practice of any religious belief.
