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Posted on 10/04/2003 9:48:51 PM PDT by calcowgirl
Edited on 04/13/2004 2:44:15 AM PDT by Jim Robinson. [history]
Two Republican legislators won the right on Friday to begin circulating petitions to overturn a law signed last month by Gov. Gray Davis that extends many benefits of marriage to same-sex domestic partners.
The secretary of state's office said Friday that the referendum backed by state Assemblyman Ray Haynes, R-Murietta (Riverside County), and state Sen. Pete Knight, R-Palmdale (Los Angeles County), had met with the necessary requirements to begin collecting signatures to place the issue on the ballot. If they are able to gather the 373,816 signatures necessary to qualify, it will probably appear on the general election ballot next November.
(Excerpt) Read more at sfgate.com ...
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One would sue over such laws under Prop 22 on the basis of the common public understanding of what constituted marriage when they voted for it overwhelming numbers. Such distinctions would likely exclude gay adoption, lesbian impregnation, or mandatory insurance coverage for homosexual partners. The right of hospital visitation or survivorship always was a red herring because such can (and should) be covered by an advanced medical directive or a good will. If judges throw out such designations, Most people would support specific legislation honoring such contracts.
Correct.
hmmm, tough call legally imho. safer to try both routes - lawsuit and a referendum.
The lawsuit sets a precedent for anything the legislature might contemplate, while a referendum only removes a statute and will have to do so for every new statute the thugs can pass. The California Supreme Court still has a substantial conservative majority. Where the legal process gets fuzzy is at the limits of what might or might not be included under the law.
Insofar as the electoral process is concerned, we'd be better off with another ballot initiative defining the rights and priviledges of marriage pursuant to Prop. 22.
"Adds a provision to the Family Code providing that
only marriage between a man and a woman is valid or recognized in California."
(that's the full text. very short for an initiative, isn't it!)
AB205 was chaptered 9/22/03. The referendum petition is due within 90 days of enactment, which should be by December 21. The Secretary of State then certifies the number of signatures, after which the referendum appears on a ballot at least 31 days later. Unless Shelley can't certify the signatures before the end of January, the referendum should appear on the March 2, 2004, primary election ballot.
In contrast, initiatives can't appear until at least 131 days after certification. So, Tom McClintock's vehicle license fee repeal initiative will appear on the November 2004 ballot while the illegal alien drivers license (SB60) referendum will appear on the March 2004 ballot. (I assume they will both qualify.)
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