
SACRAMENTO, CA – History repeated itself today as the California State Senate passed Assemblyman Mark Leno’s (D-San Francisco) AB 43, a bill that secures equal rights for thousands of same sex couples and their families in California. This is the second time both houses of any state legislature in the United States have proactively passed a marriage equality bill. Twenty-two Senators, all Democrats, sent the bill back to Governor Schwarzenegger’s desk, with 15 opposed.
“Two consecutive legislatures have now boldly and proudly affirmed the full, first class, and equal citizenship of all of Californians in loving and committed relationship who want their bond recognized and honored by the state in which they live and to which they contribute,” stated AB 43 author Assemblyman Mark Leno (D-San Francisco). “My Senate colleagues recognized what an ever increasing number of fair-minded Californians also see - that marriage strengthens our society and singling same sex couples out of this important institution hurts us all,” he said.
Assembly Bill 43 is nearly identical to AB 849 of 2005, and seeks to amend Section 300 of the Family Code to define marriage as a civil contract between two persons instead of a civil contract between a man and a woman. The measure also reaffirms that no religious institution would ever be required to solemnize marriages contrary to its fundamental beliefs. The bill is sponsored by Equality California (EQCA), the statewide LGBT civil rights advocacy organization.
"We call on the governor to rise above right-wing ideology, as he has on many other issues, by signing this bill," said EQCA Executive Director Geoff Kors. “By a new Legislature passing this bill with an even larger margin than in 2005, our elected representatives have shown that the people of our state strongly support equality and fairness. The governor should keep up with the will of the people and show the kind of bold bi-partisan leadership on this issue that will define his place in history."
Same-sex couples can register with the State of California as domestic partners, affording them hundreds of protections. However, same-sex couples in California and their families still are not eligible for more than a thousand federal protections offered to married couples, including family and medical leave, social security benefits, long-term care insurance and the ability to sponsor a partner for immigration benefits.
AB 43 is co-authored by 29 Assemblymembers and 14 Senators, including Assembly Speaker Fabian Nunez and Senator President Pro Tempore Don Perata. A broad coalition of over 250 civil rights organizations and leaders are in support of the measure, including the NAACP California State Conference, United Farm Workers, Mexican American Legal Defense and Educational Fund, Chinese for Affirmative Action, CA Teachers Association, CA Nurses Association, Anti-Defamation League, CA National Organization for Women, and CA Church Impact, among many others.
Governor Schwarzenegger has until October 14th to sign or veto the bill. “I hope he takes the time to hear directly from couples affected by the state’s refusal to allow same sex couples to marry, so he can understand the real and devastating impact this denial has on their lives and their children,” continued Leno. If he understands what is in their hearts, he’ll sign the bill.”
For those joining in gay marriages today, the road from outlaw status to respectability was paved in the Legislature over three decades.
From decriminalizing sex between same-sex couples, to outlawing job discrimination against homosexuals, to adding gay members to the legislative roster, the government has been taking steps, measure-by-measure, that have led to gay couples joining hands in marriage ceremonies across the state.



