Dear Governor Schwarzenegger –
You have stated that you would veto AB 43, the “Religious Freedom and Civil Marriage Protection Act,” because it conflicts with the part of the California Family Code that was installed by Proposition 22 in March of 2000.
I was surprised to discover that AB 43 does not conflict one bit. Section 300 of our Family Code says “Marriage is a personal relation arising out of a civil contract between a man and a woman,” while section 308 deals with marriages from other jurisdictions. Proposition 22 added Section 308.5 and was marketed and sold as defending California from marriages performed elsewhere, as evidenced by its redundant language and subordinate placement. Proposition 22 was never intended to stop civil gay marriage in California, or its makers would have changed Section 300 and the Constitution, not Section 308.5.
If you don’t believe me, you can read the bill. AB 43 was written to specifically fix Section 300. It won’t touch 308.5. If the courts decide this Fall that 308.5 is unconstitutional – as you desire – we need AB 43.
You are free by law – and obligated by the Constitution – to remove the ban on same-sex couples from marriage. Please sign AB 43 and say no to discrimination in this state.