SAME-SEX INITIATIVES IN
CALIFORNIA DURING
THE YEAR 2000
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California is one of the states in the U.S. in which individual
citizens can create an petition to change the laws or the constitution of
the state. If they are able to collect a sufficient number of signatures,
then their initiative is placed on the next regular ballot. If passed, the
petition becomes law.
There are two initiatives currently active in California.
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Anti same-sex marriage (or pro-special marriage rights for
heterosexuals)
Proposition 22 (the Knight initiative) will be voted upon on the
2000-MAR ballot. It would restrict marriage as only between a man and a
woman. Their goal is to be proactive. In the event that another state
legalizes gay and lesbian marriages, the organizers believe that this
initiative would prevent such marriages from being recognized in
California. There exists a "full faith and credit" clause
in the U.S. Constitution which requires, among other things, states to
recognize each other's marriages. It is not clear whether Proposition 22
would override this measure. "Many legal scholars believe other
states would be required by the U.S. Constitution to recognize a gay
marriage from another state, just as California now recognizes marriages
between legal minors from some Southern states." 2 The
initiative has received heavy financial support by Mormons and other
conservative Christians.
Pro same-sex marriage (or pro-equal marriage rights for all)
Two gay brothers, Tom and John Henning, have organized "Californians
for Same Sex Marriage." They hope to obtain 1 million
signatures on a ballot initiative to legalize same-sex marriages in
California. Only 670,000 are required. However, they are aiming at an even
million as a safety factor. Henning said that laws in California currently
have 1,500 clauses which grant benefits to married couples. He said:
"All that we are asking is that same sex couples, be they gay
or lesbian, should have the right to a civil marriage so that they
can enjoy the benefits that heterosexual couples take for granted."
3
The proposed constitutional amendment reads:
 | "Two people of the same sex may lawfully marry in
California. Such a marriage is subject to meet the same legal
requirements as other married persons, and they shall have the same
legal rights and obligations as other married persons." |
| "This section does not require any church, religion or religious organization to perform any marriage ceremony. This
section supersedes any California law that prohibits legal marriage between two people of the same sex who meet the legal
requirements applicable to other married persons." |
They have a petition center from which you can download a one-page petition
form. 4 You need a PDF reader program on your computer.
It is free and can be downloaded from Adobe.
References
- Californians for same-sex marriage has a web page at: http://samesexmarriage.org/
- Robert Salladay, "New ballot bid to legalize gay marriages: Some
activists fear move will harm fight against Prop. 22," San
Francisco Examiner, 1999-NOV-29. Online at: http://www.sfgate.com/cgi-bin/
- at: http://abcnews.go.com/wire/Politics/reuters19991128_43.html
- The petition center is at: http://samesexmarriage.org/petition_retrieve.php3
Copyright © 1999
Originally written: 1999-DEC-6
Latest update: 1999-DEC-6
Author: B.A. Robinson
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