米カリフォルニア州同性婚合法化法案：州知事が署名拒否の意思を表明 1

upper part of San Francisco Chronicle's front page (2005/09/08)

同性婚の容認法案に拒否権発動へ＝シュワ加州知事 (時事 2005/09/08)
　
【サンフランシスコ8日】米カリフォルニア州のシュワルツェネッガー知事は報道官を通じて、州議会が可決した同性間の結婚を認める法案に対し、拒否権を行使する方針を明らかにした。

　報道官は、5年前に州議会で過半数の議員が「結婚は男性と女性の組み合わせである」という定義を支持しており、シュワルツェネッガー知事はこれに従うと言明した。

　シュワルツェネッガー知事は、この問題は立法ではなく、裁判所の決定か、州民の投票によって決めるべきであり、立法は違憲になると考えている。

　ただ、知事は同時に、同性のカップルにも完全な法的保護を受ける権利はあり、差別されてはならないと強調した。

シュワ知事、同性婚法案拒否の意向 (共同 2005/09/08)

　米カリフォルニア州のシュワルツェネッガー知事は７日の声明で、同州議会が６日、同性間の結婚を合法化する法案を可決したことについて、承認を拒否する意向を示した。米メディアが伝えた。

　米国ではマサチューセッツ州が昨年５月、裁判所の判断に基づいて同性婚を許可。カリフォルニア州は全米で初めて州議会が先行して同性婚を許可したとされる。しかし同州では、２０００年の住民投票で同性婚を禁止する法律が成立しているため、知事は議会ではなく裁判所の判断に基づくか、あらためて住民投票で判断すべきだとの立場を示した。 （共同）


|| News ||
September 08, 2005
Gay rights advocates angrily denounce Schwarzenegger's decision

Gov. Arnold Schwarzenegger announced late Wednesday that he will veto a bill that would have made California the first state to legalize same-sex marriage through legislative action.

Schwarzenegger said that the legislation, given final approval Tuesday by state lawmakers, would conflict with the intent of voters when they approved a ballot initiative five years ago. Proposition 22 prevents California from recognizing same-sex marriages performed in other states or countries. "We cannot have a system where the people vote and the legislature derails that vote," the governor's press secretary, Margita Thompson, said in a statement. "Out of respect for the will of the people, the governor will veto [the bill]."

Proposition 22 stated that "only marriage between a man and a woman is valid or recognized in California." The bill to be vetoed by Schwarzenegger would have defined marriage as a civil contract between "two persons." In Massachusetts, same-sex marriages are recognized, but the state's stance came through a court ruling.

Gay rights advocates reacted harshly, accusing Schwarzenegger of betraying the bipartisan ideals that helped get him elected in the 2003 recall. "Clearly he's pandering to an extreme right wing, which was not how he got elected," said Geoff Kors, executive director of Equality California, one of the bill's sponsors. "He got elected with record numbers of lesbian and gay voters who had not previously voted for a Republican, and he sold us out."

Kate Kendell, executive director of the National Center for Lesbian Rights, said she was not surprised by word of Schwarzenegger's pending veto. "Any girlie man could have vetoed this legislation," she said, referring to a term Schwarzenegger used previously to mock Democratic legislators. "A real man demonstrating real leadership as governor of the most populous state in the nation would have chosen a different course of action."

Despite his promised veto, Schwarzenegger "believes gay couples are entitled to full protection under the law and should not be discriminated against based upon their relationship," Thompson's statement said. "He is proud that California provides the most rigorous protections in the nation for domestic partners."

The Republican governor had indicated previously that he would veto the bill, saying the debate over same-sex marriage should be decided by voters or the courts. A state appeals court is weighing an appeal of a San Francisco judge's ruling striking down state laws banning same-sex marriages. Meanwhile, opponents of marriage eqaulity for gay and lesbian couples are planning measures on the ballot next year that would place a ban on same-sex marriages in the state constitution.

Schwarzenegger's announcement dampened a celebratory mood among the bill's supporters, who only the night before cheered, hugged, and kissed as the state assembly narrowly sent the bill to the governor's desk. Democratic assemblyman Paul Koretz had called bans on same-sex marriage "the last frontier of bigotry and discrimination."

The bill passed the legislature through the persistence of its main sponsor, Assemblyman Mark Leno, a San Francisco Democrat and one of six openly gay members in the California legislature. Leno's original bill failed in the assembly by four votes in June, but he then linked it to another bill in the senate, which voted to approve the measure last week.

The assembly passed the amended bill Tuesday by a bare majority, with the winning margin provided by four Democrats who did not vote on the measure in June.The vote made the California legislature the first legislative body in the country to approve same-sex marriage. As in Massachusetts, civil unions in Vermont were granted through court rulings.

"I'm encouraged that the governor is going to stop the runaway legislature, and he's going to represent the people," said Karen England of the Capitol Resource Institute, a Sacramento group that lobbied against the bill. "I think assembly member Leno wanted to rally everyone on his side, and he's done exactly the opposite. He's forced his agenda on the rest of us,. But in California the votes of the people do matter." (AP)


Last Updated: Thursday, 8 September 2005, 03:13 GMT 04:13 UK
California gay weddings face veto - BBC

California Governor Arnold Schwarzenegger has confirmed he will veto a bill endorsing gay marriages.

State legislators voted on Tuesday to allow same-sex marriage in California, but the governor said the decision flew in the face of public opinion.

Five years ago Californians backed a proposition opposing the recognition of gay marriages in other states.

"We cannot have a system where the people vote and the legislature derails that vote," said the governor's office.

"Out of respect for the will of the people, the governor will veto," said Mr Schwarzenegger's press secretary, Margita Thompson.

'Sold out'

Proposition 22, approved in a public vote in 2000, stated that "only marriage between a man and a woman is valid or recognised in California".

The bill approved by the California Assembly states that marriage is a civil contract between "two persons".

Gay rights activists accused the governor of playing to his Republican supporters, not the broad range of people who elected him to office.

"Clearly he's pandering to an extreme right wing, which was not how he got elected," said Geoff Kors, executive director of Equality California, one of the bill's sponsors.

"He sold us out."

Court battle

More than 3,400 gay couples got married in California after the city's new mayor decided to defy state law and allow gay weddings in 2004.

But later in the year the state's Supreme Court ruled the mayor had exceeded his authority and nullified the unions.

In March this year a judge ruled that Californian state law had breached a constitutional right to equal treatment of all citizens, irrespective of sexuality.

The issue is now expected to go back to the Supreme Court.

Mr Schwarzenegger says he supports full legal protection for gay couples - but that the issue of gay marriage is best decided by the people or in the courts.



Sept. 7, 2005
Statement by Gubernatorial Press Secretary
From Times Wire Reports

Gubernatorial Press Secretary Margita Thompson today issued the following statement regarding AB 849:

"In Governor Schwarzenegger's personal life and work in public service, he has considered no undertaking to be more noble than the cause of civil rights. He believes that gay couples are entitled to full protection under the law and should not be discriminated against based upon their relationship. He is proud that California provides the most rigorous protections in the nation for domestic partners.

"Five years ago the matter of same-sex marriage was placed before the people of California. The people voted and the issue is now before the courts. The Governor believes the matter should be determined not by legislative action — which would be unconstitutional — but by court decision or another vote of the people of our state. We cannot have a system where the people vote and the Legislature derails that vote. Out of respect for the will of the people, the Governor will veto AB 849."

AB 849 (PDF 168KB)