Gov. Schwarzenegger Signs Harvey Milk Day and Marriage Bills

UPDATE: Karen Ocamb reports on the right-wing responses to the passage of these bills.

Under the shadow of the National Equality March, California Gov. Arnold Schwarzenegger quietly signed some major LGBT bills proposed by state Sen. Mark Leno last night.

The first bill, which the governor had vetoed the first time it hit his desk, designates May 22 as Harvey Milk Day, and requires “the governor proclaim May 22 each year as Harvey Milk Day. It would encourage public schools and educational institutions to conduct suitable commemorative exercises on that date.” It will not be a state holiday.

The second is Senate Bill 54, which clarifies the status of same-sex marriage legally performed outside of California. Those performed during the time marriage equality was legal within the Golden State will be recognized as marriages - all other legal same-sex marriages will be recognized by the state and receive all the rights and benefits of marriage the state can bestow but not the name.

When signing the bill, Gov. Schwarzenegger said:

"Following the passage of Proposition 8, there has been some uncertainty as to how California should treat same-sex couples that married out-of-state while same-sex marriage was legal in California. Consistent with the California Supreme Court’s decision that upheld the validity of those in-state marriages entered into prior to the passage of Proposition 8, Senate Bill 54 clarifies that California must also recognize as married couples that legally married in another state during the same period of time in which same-sex marriage was legal in California.

"In addition, Senate Bill 54 also requires that California recognize the union of couples that marry in states where same-sex marriage is legal. As required by Proposition 8, California will not recognize such couples as “married.” However, Senate Bill 54 will provide the same legal protections that would otherwise be available to couples that enter into civil unions or domestic partnerships out-of-state. In short, this measure honors the will of the People in enacting Proposition 8 while providing important protections to those unions legally entered into in other states."

Karen Ocamb reports that EQCA Executive Director Geoff Kors, who sponsored the bills, said:

"This is a historic year for LGBT rights in California. With the signing of these bills a record nine EQCA sponsored LGBT piecs of legislation were passed in California in 2009. The Milk Day Bill marks the very first time an openly LGBT person has been officially recognized by any state government. As a result, Harvey’s legacy and our history will be taught for decades to come and youth will learn that they have a role model who sacrified everything to make the world safer and more equal for them. The marriage recognition bill requires that all legally married same-sex couples who married in other states and nations before Prop 8 passed are recognized as legally married in California. And even more importantly, that all same-sex couples who get married in other states or countries after Prop 8 passed be treated the same as married couples with the exception of use of the word “married” for legal purposes. These bills passed thanks to strategic lobbying and grassroots work on the ground and on-line by EQCA staff and our members. We owe a great amount to Senator Leno for his hard work and to our Republican Governor for standing up to right wing attacks on both of these bills.”

“The Governor signed three EQCA sponsored bills and vetoed two others bills on the grounds that existing law and policy already provided the protections the bills sought to put into statute: legislation allowing out of state transgender individuals to get new birth certicifcates and a bill to require that the special needs of LGBT people in the correction system be taken into account. While we believe it is important to have these protections in statute rather than just as policy or court precedent, and are disappointed by the unnecssary vetos, the Governor’s reaffirmation of these policies will hopefully help ensure they are enforced so that all Californians are treated equality and with dignity.”

"When California offered marriage licenses to same-sex couples in 2008, spouses who were already married in another state or country were prohibited from re-marrying in California," said Senator Leno. "Now those couples and their families are in limbo because their rights and protections under law are not clear. This new law will ensure that same-sex couples are protected by existing California law that recognizes all marriages equally, regardless of where they are performed."

Call CA Gov. Schwarzenegger Today! Say No to Harmful Budget Cuts Threatening Those with HIV/AIDS!

My friend Morgan Early, who contributed a post earlier to Unite the Fight on the proposed cuts to California's budget that could threaten the lives of those living with HIV/AIDS, sent out this message today:

This week we found out that Gov. Arnold Schwarzenegger is planning on vetoing the revised budget cuts, which were going to significantly reduce the impact of the harmful cuts on HIV/AIDS healthcare.

ACTION: So we need to swarm the governor's phone lines as soon as possible and tell him to not cut funds to HIV/AIDS healthcare! It is very easy, call today:

(916) 445 - 2841. When you get to the main menu, press 2 to voice your opinion on legislation.

You can also reach your state representative at www.TheseCutsWontHeal.com.

San Francisco Voices Support for Federal Case Against Prop 8

The city of San Francisco has joined the chorus of voices supporting the overturn of Proposition 8 in the courts by backing the federal case against the initiative being argued by Ted Olson and David Boies. Attorney General Jerry Brown and California Gov. Arnold Schwarzenegger has already stated support for the case.

Thursday night, City Attorney Dennis Herrera's office filed an amicus curiae (friend of the court) brief in U.S. District Court arguing that Proposition 8 was motivated by hatred of gays and lesbians and violates their constitutional right to be free of discrimination.

Despite the fact that the Yes on 8 campaign claimed Prop 8 was to protect traditional marriage and children, the city attorney said, "excluding same-sex couples from marriage does nothing to advance those goals . . . (it's) real aim (was) harming gays and lesbians and expressing moral disapproval of them."

“San Francisco is presently compelled by Proposition 8 to violate the federal constitutional rights of gay and lesbian citizens,” City Attorney Dennis Herrera and Chief Deputy Therese Stewart state in their 49-page amicus brief. “[Proposition 8] offends the federal Equal Protection Clause even applying the most deferential test.”

Herrera and Stewart spearheaded the successful litigation that led to the California Supreme Court recognizing marriage as a fundamental right guaranteed to all Californians under the state constitution. Those rights were later stripped by Proposition 8, which amended the state constitution.

“City Attorney Herrera and Chief Deputy Stewart have not only been inspiring leaders of this fight, they are also two of the foremost legal authorities in this arena,” American Foundation for Equal Rights Board President Chad Griffin said, the organization responsible for the federal case against Prop 8. “Their support bolsters our work to overturn Proposition 8 and guarantee that every American is treated equally under the law.”

The city supported its argument by citing the Supreme Court's 1996 ruling that struck down Colorado's ban on state and local gay-rights measures and said a law motivated by hostility toward gays and lesbians is unconstitutional.

Shannon Minter, legal director of the National Center for Lesbian Rights, told the San Francisco gate that his organization may be making an official statement of support soon, too.

The federal suit is "going forward, and we certainly want it to succeed," Minter said.

Gov. Schwarzenegger Calls for Swift Court Action on Prop 8

Governor Arnold today filed the Administration's response to the federal challenge against Prop. 8 filed by the American Foundation for Equal Rights and attorneys Theodore Olson and David Boies.

The Governor did not dispute the unconstitutionality of Proposition 8 and called for swift action by the courts.

“Today's filing by Gov. Schwarzenegger bolsters our call for a swift end to the constitutionally intolerable situation created by Proposition 8. We are extremely pleased Gov. Schwarzenegger does not dispute the unconstitutionality of Proposition 8 and agrees that swift action is needed to ensure that every person is treated equally under the law,” said American Foundation for Equal Rights Board President Chad Griffin. "Exactly one year ago today, thanks to the state Supreme Court, equal marriage rights were granted to every Californian for the first time. We look forward to the federal courts granting those equal rights once and for all by quickly acting on this case."

Gov. Schwarzenegger’s filing states: “Plaintiffs’ complaint presents important constitutional questions that require and warrant judicial determination. In a constitutional democracy, it is the role of the courts to determine and resolve such questions. … The Administration encourages the Court to resolve the merits of this action expeditiously.”

Just last week, California Attorney General Jerry Brown filed a brief, calling Prop 8 unconstitutional.