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Amid the same-sex marriage license furor at San Francisco's
City Hall, a California legislator has quietly introduced
a bill in Sacramento that could represent a greater threat
to the traditional view of marriage as the union of one woman
and one man.
The legislation, AB 1967 by Assemblyman Mark Leno of San
Francisco, attempts to create a historic transformation of
the institution of marriage with a few simple changes in the
California Family Code. It would remove the words "woman,"
"man," "male" and "female" from the code's description of
marriage and substitute "person" or "persons."
The bill drew quick opposition from the California Catholic
Conference and several other statewide organizations committed
to protecting traditional family values.
Representatives of those groups rejected Leno's contention
that the bill would not overturn Proposition 22, a defense
of marriage initiative approved by the voters in March 2000.
"The Catholic conference will oppose AB 1967," said Ned
Dolejsi, executive director of the conference. "It flies in
the face of state law. The people passed Proposition 22 by
an overwhelming majority."
Proposition 22, supported by more than 61 percent of voters,
states: "Only marriage between a man and a woman is valid
or recognized in California." That language now appears in
the state law as Section 308.5 of the Family Code.
In addition to removing the words "man" and "woman" from
the description of marriage in sections 300-302 of the code,
the Leno bill declares, "Where necessary to implement the
rights and responsibilities of spouses under the law, gender-specific
terms shall be construed to be gender-neutral, except with
respect to Section 308.5."
The bill then describes the reason for this exception in
this way: "The Legislature finds and declares that this act
does not amend or modify Section 308.5 of the Family Code,
which addresses marriages from other jurisdictions, as enacted
by an initiative measure."
Leno told Catholic San Francisco, the San Francisco archdiocesan
newspaper, "Proposition 22 amended Section 308 of the Family
Code which specifically deals with how marriages performed
outside of California are defined. I am not trying to touch
Section 308."
Before Proposition 22 was passed, that section simply said
that any marriage validly contracted under the laws of another
state is valid in California.
"Leno's got it wrong," said Randy Thomasson, executive director
of Campaign for California Families. He said Proposition 22
was carefully worded to cover all marriages.
"The word 'recognized' prohibits recognition of out-of-state
homosexual marriages," he said. "The word 'valid' prohibits
courts from inventing homosexual marriage within California.
... It ties the hands of activist judges as well as legislators."
Leno's reading of the law is "a farce," said Ben Lopez,
a lobbyist for the Traditional Values Coalition. "Proposition
22 clearly states that marriage is only between one man and
one woman. It says nothing about where the marriage comes
from."
The two opponents of AB 1967 pointed out that under the
state constitution the Legislature cannot overturn an initiative
approved by the people. Leno agreed but said that was irrelevant
since his bill does not change Proposition 22.
Thomasson said California law provides the proponents of
same-sex marriage with a way of changing the law -- at the
ballot box.
He said Leno is not taking that route because "he knows
the people of California, the mothers and fathers and grandparents,
will not support his attack on marriage."
Leno said he was not attacking traditional marriage, but
he believes current California marriage law is unconstitutional
and he is concerned about equal rights, love and federal benefits
for same-sex couples.
He
said he found San Francisco's issuance of marriage licenses
to same-sex couples "of great support." He did not go through
the process himself, he said, because "my partner died 10
years ago."
"All American citizens should have the same rights, benefits
and responsibilities if they enter into committed relationships,"
he said.
Dolejsi said, "It's unfortunate, on the heels of the unprecedented
advances that the gay and lesbian lobby on domestic partnerships
made last year, that now they feel the need to once again
go after a marriage bill, flying in the face of Proposition
22 passed only four short years ago."
-- CNS
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