From: LmCAgayLOB@aol.com
Date: Sat, 13 Apr 1996 01:28:47 -0400
Subject: Marriage Action Alert 2:  CA's AB 1982

TO:  Action Alert List -- 
From:  LIFE: California's Lesbian/Gay and AIDS Lobby


ACTION ALERT: OPPOSE AB 1982 

STATUS:      Pending hearing in SENATE COMMITTEE ON JUDICIARY

FORECAST:
The Senate Judiciary Committee will probably hold its hearing on AB 1982 in
May.  We are working hard to defeat AB 1982 in this Committee.  It is
certainly our best opportunity to defeat it.  It is important that all
Senators - especially all members of the Senate Judiciary Committee (see
below) - receive lots of support from our community.
  
LOBBYING AGAINST THE BILL:
The landmark case in Hawaii, Baehr v. Lewin, may eventually provide
statewide, or even nationwide, recognition of same gender marriage.  All
across the United States, individual state legislative bodies are attempting
to enact legislation to prohibit same gender marriage.  All of this
legislation is fueled by hate and misinformation.  California is no
exception.  AB 1982 seeks to prohibit recognition of same gender marriage if
those unions ever become valid in other states.

The United States Constitution guarantees recognition of marriages entered
into in other states --  regardless of whether or not that marriage could be
performed legally in this state.  This is known as the "full faith and credit
clause."  AB 1982 would violate this clause, thus it violates the U.S.
Constitution.

The California Constitution (Article 1, Section 7) states: "A citizen or
class of citizens may not be granted privileges or immunities not granted on
the same terms to all citizens."  A marriage contract provides significant
benefits to heterosexual couples who wish to share financial responsibility
for each other.   While opponents of  same gender marriage cite morals,
sexual activity, and childbearing capabilities as "natural" reasons why
lesbians and gay men should not be able to marry, marriage benefits are
provided to heterosexual couples regardless of these factors in their
relationships.  The absence of the right to marry and of equal benefits for
gay and lesbian couples is in violation of the California Constitution.

ACTION: WRITE NOW AND STAY IN TOUCH!
Write to your Senator, the Chair of the Senate Judiciary Committee (Charles
Calderon), and Assemblyman Pete Knight.       

Please "cc" your letter(s) to all members of the Senate Judiciary Committee
and LIFE Lobby.  All members can be written to at the following address:

The Honorable Jane Doe
California State Senate
P.O. Box 942848
Sacramento, CA 94248-0001

Members of the Senate Judiciary Committee: 

Write to support their opposition to AB 1982:
"No" votes: Calderon (Chair, D-Whittier), Lockyer (D-Hayward), Solis (D-Los
Angeles), Sher (D-Palo Alto)

Write to urge a change of heart:
"Yes" votes: Haynes (R-Riverside), Wright (R-Simi Valley), Leslie
(R-Roseville), 

Write to urge their opposition:
undecided votes: Petris (D-Oakland), O'Connell (D-Ventura).
                              
The battle for same gender marriage will not be won with the defeat of these
bills.  There will be politicians who will continue to fight our equality,
discriminate against us, and introduce hateful legislation for many, many
years to come.  Get familiar with the legislative process, get to know your
Assemblymember and Senator -- let them know that you too are in this for
years to come!

LIFE: California's Lesbian/Gay and AIDS Lobby  926 J Street, Suite 522 
Sacramento, CA 95814  (916) 444-0424  fax (916) 444-3059
e-mail: lmcagaylob@aol.com


THE BILL:  AUTHOR, CO-AUTHORS & TEXT OF THE BILL:
Assembly Bill 1982: Authored by Assemblymember Pete Knight (R-Palmdale)
Co-authors (Assembly): Ackerman (R-Fullerton), Aguiar (R-Chino), Alby (R-Fair
Oaks), Baldwin (R-El Cajon), Baugh (R-Orange), Boland (R-Granada Hills),
Bordonaro (R-Paso Robles), Bowler (R-Elk Grove), Brulte (R-San Bernardino),
Conroy (R-Irvine), Frusetta (R-Tres Pinos), Granlund (R-Riverside), Harvey
(R-Bakersfeild), Hawkins (R-Cerritos), Hoge (R-Pasadena), House (R-Fresno),
Knowles (R-Placerville), Kuykendall (R-Palos Verdes), Margett (R-Arcadia),
Miller (R-Diamond Bar), Morrissey (R-Santa Ana), Morrow (R-Oceanside), Olberg
(R-Victorville), Poochigian (R-Tulare), Pringle (R-Garden Grove), Rainey
(R-Walnut Creek), Richter (R-Chico), Rogan (R-Glendale), Takasugi (R-Oxnard),
Thompson (R-Fallbrook), Weggeland (R-Riverside), and Woods (R-Shasta).
 Co-authors (Senate): Haynes (R-Riverside), Kelley (R-Idyllwild), Leonard
(R-Upland), Leslie (R-Carnelian Bay), Monteith (R-Modesto), Mountjoy
(R-Monrovia), Rogers (R-Tehachapi), and Russell (R-Glendale).  

Text of AB 1982:
SECTION 1.     Section 308 of the Family Code is amended to read:
308.  Except as provided in Section 308.5, a marriage contracted outside this
state that would be valid by the laws of the   jurisdiction in which the
marriage was contracted is valid in this state.

SECTION 2.     Section 308.5 is added to the Family Code, to read:
308.5.  Any marriage contracted outside this state between individuals of the
same gender is not valid in this state.
HISTORY
09/15/95       INTRODUCED IN ASSEMBLY
01/24/96       PASSED BY ASSEMBLY COMMITTEE ON JUDICIARY, 9-4
01/31/96       PASSED BY ASSEMBLY, 41-31
02/14/96       REFERRED TO SENATE COMMITTEE ON JUDICIARY