米カリフォルニア州：シュワ知事、同性婚法案に拒否権行使

シュワ知事　同性婚法案の承認拒否 (共同 2005/09/30)

　米カリフォルニア州のシュワルツェネッガー知事（共和党）は２９日、同州議会が９月初めに可決した同性間の結婚を合法化する法案の承認を拒否した。

　同州議会の決定は、全米で初めて議会が裁判所の判断によらず自主的に同性結婚を認めたとして注目を集めたが、知事は「州憲法は異性間の結婚だけを認めている」として反対を表明してきた。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き同性婚を許可するなど、同性結婚を容認する動きが一部で強まっている。 （共同）


4:02 PM PDT, September 29, 2005 latimes.com
Schwarzenegger Vetoes Bill Legalizing Gay Marriage
By Nancy Vogel, LA Times Staff Writer

SACRAMENTO -- Gov. Arnold Schwarzenegger today vetoed a bill that would have legalized same-sex marriage in California, saying that although he believes gay couples are "entitled to full protection under the law," the bill would have wrongly reversed an initiative California voters approved five years ago.

"I do not believe the Legislature can reverse an initiative approved by the people of California," the governor wrote in his veto message.

Schwarzenegger's rejection of the measure was expected, even though when he was asked about same-sex marriage last year he said, "I don't care one way or the other."

The bill, AB 849 by Assemblyman Mark Leno (D-San Francisco) was the first sanctioning same-sex marriage to clear a state legislature without a court order. It passed the Senate and Assembly earlier this month with no Republican votes and without a vote to spare after lengthy, debate.

Leno accused Schwarzenegger of "hiding behind the fig leaf" of Proposition 22, which 61% of California voters approved in 2000. It says that "only marriage between a man and a woman is valid or recognized in California."

"The governor has failed his test of leadership and has missed a history opportunity to stand up for the basic civil rights of all Californians," said Leno. "He cannot claim to support fair and equal legal protections for same sex couples and veto the very bill that would have provided it to them."

Schwarzenegger's veto will not end the debate over same-sex marriage in a state whose residents are evenly divided, 46% to 46%, according to an August poll.

The California Supreme Court is likely to decide next year whether state laws that define marriage as being between a man and a woman are constitutional, including Proposition 22.

Voters may also consider the issue directly next year. Two petitions are in circulation for initiatives that would define marriage in California as between a man and a woman and ban recognition of out-of-state same-sex marriages.

In vetoing Leno's bill, the governor ignored pressure from gay rights activists who mounted an unusual television campaign that asked him to "be a hero."

The gay rights group Equality California recently spent at least $100,000 for television ads in Los Angeles and Sacramento that feature images of John F. Kennedy, Robert F. Kennedy and Cesar Chavez as a narrator intones, "Those who have made America great are the ones who have brought America together."

"Now Governor Schwarzenegger will make a decision for which he will forever be remembered," the ad continues. "He can stand up for the basic rights of all Californians and sign the Marriage Equality Act or he can stand with the forces of discrimination. Governor, the choice is yours. Be a hero."

On September 7, the day after the Assembly passed Leno's bill, Schwarzenegger's office issued a statement saying, "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."


Schwarzenegger vetoes gay marriage bill as promised
- Lynda Gledhill, SF Chronicle Sacramento Bureau
Thursday, September 29, 2005

Sacramento -- Gov. Arnold Schwarzenegger today delivered on his promise to veto legislation that would have given same-sex partners the right to marry, but said he would not support any rollback of the state's current domestic partner benefits.

That stance would put him at odds with two initiatives being pursued by conservative groups for the ballot next year. Those measures would not only prevent gay marriage, but also eliminate rights domestic partners currently enjoy.

"I am proud California is a leader in recognizing and respecting domestic partnerships and the equal rights of domestic partners," Schwarzenegger said in his veto message. "I support current domestic partnership rights and will continue to vigorously defend and enforce these rights and as such will not support any rollback."

But that position did not placate the author of the same-sex marriage bill, Assemblyman Mark Leno, D-San Francisco.

"The governor has failed his test of leadership and missed a historic opportunity to stand up for the basic civil rights of all Californians," Leno said. "He cannot claim to support fair and equal treatment for same-sex couples and veto the very bill that would have provided it to them."

Schwarzenegger's strong stance in favor of domestic partner rights, along with his signature today on four bills strengthening protections for gays and lesbians was clearly meant to temper the outpouring of criticism he had received for saying he would veto the bill.

In 2000, voters overwhelmingly approved Proposition 22, an initiative that banned same-sex marriage in California. Several court cases on the constitutionality of banning same-sex marriage are making their way through the court system.

Schwarzenegger said the ultimate decision will be made by a court.

The legislature's passage of AB 849 marked the first time that a legislative body in the United States has approved a bill that legalizes gay marriage. Support from the United Farm Workers helped to push the bill to the governor's desk.

The bill would not have required any religious organization to recognize or perform marriages for same-sex couples. The bill makes the law defining marriage gender-neutral. California state law did not place gender into the marriage code until 1977.

Conservative groups had warned Schwarzenegger that he needed to take a strong stand against the bill.

Massachusetts became the only state that allows same-sex marriage after a court ruling. Vermont and Connecticut permit civil unions.


URL: http://sfgate.com/cgi-bin/article.cgi?file=/c/a/2005/09/29/MNG4IEVVEG5.DTL


Calif. Gov. Schwarzenegger vetoes gay marriage bill
Reuters September 29, 2005

California Gov. Arnold Schwarzenegger in a widely expected move vetoed a bill on Thursday that would have allowed gay couples to marry.

The Republican governor had earlier this month indicated he would veto the bill passed by California's Democrat-led legislature. The bill was the first of its kind approved by a state legislature.

Schwarzenegger said he would leave the contentious issue of same-sex marriage to voters and the courts. "I do not believe the legislature can reverse an initiative approved by the people of California," he said in a written statement.

"This bill simply adds confusion to a constitutional issue," Schwarzenegger wrote. "If the ban of same-sex marriage is unconstitutional, this bill is not necessary. If the ban is constitutional, this bill is ineffective."

California Assembly Speaker Fabian Nunez sharply criticized Schwarzenegger's veto.

"History will show that Gov. Schwarzenegger had a chance to end the last vestige of legal discrimination in our state," Nunez said in a statement. "Instead of choosing the way of the future the governor has aligned himself with the enemies of equal rights for all."

California voters approved a ballot measure five years ago defining marriage as between a man and woman, a law San Francisco Mayor Gavin Newsom defied in 2004 by issuing city marriage licenses to same-sex couples.

Newsom's move sparked a national firestorm and has forced a showdown in state court over California's voter-approved ban on gay marriage.

California's supreme court invalidated the San Francisco licenses but has left the wider issue of whether a ban on same-sex marriages is constitutional to lower courts.



Schwarzenegger Vetoes Gay Marriage Bill
By STEVE LAWRENCE, Associated Press Writer
- September 29, 2005

Gov. Arnold Schwarzenegger followed through Thursday on his promise to veto a bill to legalize same-sex marriage in California, saying the issue should be decided by voters or the courts.

"This bill simply adds confusion to a constitutional issue," the Republican governor said in a veto message.

Schwarzenegger had announced his intention on Sept. 7, a day after the Legislature became the first in the country to approve a bill allowing gays and lesbians to wed.

Schwarzenegger said the bill by Democrat Mark Leno, an openly gay assemblyman from San Francisco, contradicted Proposition 22, which was approved by voters in 2000 and said only marriages between a man and woman are valid.

While a San Francisco Superior Court judge ruled that the ban is unconstitutional, Schwarzenegger noted that the case is before a state appeals court and will likely be decided by the California Supreme Court.

"If the ban of same-sex marriage is unconstitutional this bill is not necessary," he said. "If the ban is constitutional this bill is ineffective."

He said the state constitution bars the Legislature from enacting a law allowing gay marriage without another vote by the citizenry.

Eddie Gutierrez, a spokesman for Equality California, a gay rights group that supported the bill, said Schwarzenegger had merely delayed the day when gay marriage is legal.

"We are extremely disappointed with the governor's decision," he said. "By denying us marriage equality, he has turned a back to our community."



Schwarzenegger terminates gay marriage bill
- September 29, 2005 AFP

California's movie star governor, Arnold Schwarzenegger formally terminated historic legislation to legalise gay marriage in the Golden state, he announced.

The former action hero vetoed the bill approved by the California legislature earlier this month, saying the issue should be decided by voters or the courts on the basis of existing laws and constitutional rights, not by new legislation.

"This bill simply adds confusion to a constitutional issue," Schwarzenegger said in a statement explaining why he returned the bill without his signature.

"If the ban on same-sex marriage is unconstitutional, this bill is not necessary. If the ban is constitutional, this bill is ineffective," he said.

If California Assembly Bill 849 had been approved by the governor, it would have marked the first time that a US state's legislature had changed the law to put gay marriages on an equal footing with heterosexual unions.

Currently the state of Massachusetts is the only US state to recognises same sex marriages after its supreme court in 2003 declared the ban on such unions unconstitutional.