California Assembly Overrides Voters

8 06 2007

Filed under: California Assembly Bill 43, Proposition 22, Homosexuality, Same-sex marriage, Christianity

For the second time, the California Assembly has tried to override the will of California voters, this time by passing AB 43 by a 42-34 margin, which will destruct marriage.

The California State Assembly voted 42-34 Tuesday to approve [AB 43] which would restore California’s marriage statute to its pre-1977 gender-neutral language and define marriage as “a personal relation arising out of a civil contract between two persons” capable of giving consent and issued a license by authorized officials and institutions. The bill also states that “no priest, minister, or rabbi of any religious denomination” or any official of any “nonprofit religious institution” may be forced to perform marriages (AB 43 text).

San Francisco Chronicle release here.

The bill now goes to the Senate, where it is likely to pass, but then faces a Schwarzenegger veto. He vetoed a similar bill in 2005.

But for good measure and to prevent any further destruction of marriage, Liberty Counsel filed a brief at the California Supreme Court in defense of the state’s marriage laws which urges the California Supreme Court to uphold the centuries-old institution of marriage as the union of one man and one woman.

Prop 22, which affirms the institution of marriage, is the subject of the case presently before the California Supreme Court. Liberty Counsel’s brief filed today asks the Court to uphold marriage, which is recognized “as a social institution based upon the biological and social facts of human sexuality and reproduction, which are what enable society to continue.” For more than 150 years, the California Supreme Court has recognized that “marriage is the institution upon which the structure of society is built.” Nothing in the last 150 years has changed that reality. (Brief text, pdf)

AB 43 is the second time the California legislature has tried to force same-sex “marriage rights” in direct contradiction to the will of California voters, who in 2000 overwhelmingly passed Proposition 22, which defines marriage as the union of one man and one woman. The legislature has no authority to pass laws authorizing same-sex marriage because they contravene Prop 22, which was passed by the people in a statewide vote.

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