Subject: Marriage Action Alert: CA AB 3227
From: [email-masked]
Date: Sat, 13 Apr 1996 01:12:44 -0400

To:  LIFE: California's Lesbian/Gay and AIDS Lobby / Action Alert List

ACTION ALERT: OPPOSE AB 3227

THE BILL:
Assembly Bill 3227: Authored by Assemblymember Pete Knight (R-Palmdale)  As
of 03/08/96 this bill had no co-authors.   Text of AB 3227:
SECTION 1.  Section 300.5 is added to the Family Code, to read:
300.5.  The Legislature finds and declares the following:
          a. California's marriage laws were originally, and are presently,
intended to apply only to male-female couples,   not same-gender couples.
 This determination is one of policy.  Any change in these laws must come
from either the Legislature or by constitutional amendment, not the
judiciary. 
          b. The statutory definition of marriage as between a man an d a
woman serves the compelling state interest of  aiding couples to foster the
best family conditions under which children may possibly be created and
raised, and helping  to build families that provide a caring, stable home
with a mother and a father.  Linking the benefits, burdens, and obligations
of marriage to only male-female couples is society's least intrusive way of
aiding couples that, by the nature of their opposite genders, objectively
manifest the possibility of procreation.
          c. The male-female relationship is the most practical basis for the
conferring of marriage benefits, despite occasional cases of heterosexual
infertility or personal choice to not have children.
          d. Although it is not the intentions of the Legislature to prohibit
religious ceremonies solemnizing same-gender   relationships, nothing in this
section shall be construed to confer any of the benefits, burdens, or
obligations of marriage  under the laws of California to same-gender couples.

HISTORY: 
HEARING SET FOR MAY 8, 1996: 
ASSEMBLY COMMITTEE ON JUDICIARY

FORECAST:
This bill will pass the Assembly Committee on Judiciary easily.  This vote
will take place May 8, 1996.  Although we anticipate the bill passing the
committee letters should still be sent to the Chair of the committee (see
below).  The bill will then move to the Assembly floor for a full vote.  It
will be possible to defeat this bill on the Assembly Floor.  Based on the
previous Assembly Floor vote on AB 1982 we anticipate the following vote
tally for AB 3227: 36 yes votes, 29 no votes, and 13 questionable votes.
 Assemblymember Knight must get 41 "yes" votes in order for AB 3227 to pass
the Assembly Floor.   If 9 of the 13 undecided votes either abstain or vote
"no" AB 3227 will not pass.  We strongly encourage all interested parties to
join with us in this fight and write to the thirteen undecided votes.
  (listed below). 

LOBBYING AGAINST THE BILL 
This bill is dangerous for two basic reasons:
      The first paragraph of the bill seeks to eliminate the judicial system
from California's decision-making process on same gender marriage.  This
section would remove "checks and balances" on the legislature - it is absurd,
offensive, and unconstitutional. 
      Even without the opening paragraph, this bill is an unfair.  It
provides no rationale for civil marriage to only be granted to male-female
couples.  The Hawaiian Supreme Court has already stated that procreation is
not a compelling reason to prohibit same gender marriage.  It is likely that
the California Supreme Court will state the same.
          Quite simply, Assemblymember Knight is aware that the matter of
same gender marriage will go before the California Supreme Court.  He h as
authored AB 3227 because he believes that a statement against same gender
marriage by the legislature will have some sway over the court.  At this
point, because of the absurdity of eliminating the judiciary - it seems
likely he will amend the bill to exclude that section.  We must continue to
educate and lobby our legislators to oppose the bill even without that
section.  AB 3227 in any form is blatantly discriminatory and will work
toward prohibition of same gender marriage.

ACTION: LOBBY AND WRITE! 
Sacramento office and district office legislative visits; letter writing; and
phone calling are all crucial for the following Assemblymembers.  Each
legislator's name is followed by their vote on AB 1982 (01/31/96), and then
an indication of what we need them to do.
1.   Joe Baca (D-San Bernardino)       abstained -- stay or move to "no"
2.   Marilyn Brewer (R-Newport Beach)     abstained  --  stay or move to "no"
3.   Cruz Bustamante (D-Fresno/Tulare)     abstained  -- stay or move to "no"
4.   Louis Caldera (D-Los Angeles)     voted no  --  stay with "no" vote
5.   Sal Canella (D-Merced/San Joaquin)     voted yes  --  move to "no"
6.   Dom Cortese (I-San Jose)     abstained  --  stay or move to "no"
7.   Jim Cuneen (R-San Jose)     abstained  --  stay or move to "no"
8.   Steve Kuykendall (R-LA/Palos Verdes)    voted yes  --  move to "no" or
abstain
9.   Mike Machado (D-San Joaquin/Stockton)     voted yes  --  move to "no"
10.  Bruce McPherson (R-Santa Cruz)     abstained  --  stay or move to "no"
11.  Willard Murray (D-LA/Long Beach)     voted yes  --  move to "no" or
abstain
12.  Brian Setencich (R-Fresno)     voted yes  --  move to "no" or abstain
13.  Curtis Tucker (D-LA/Inglewood)     voted yes  --  move to "no" or
abstain

FOR THE REAL GO-GETTERS:  You can also write:
YOUR Assemblymember (if not already listed above);
The Assembly Judiciary Committee Chair: Assemblyman Bill Morrow;
Assemblyman Pete Knight, the author of both AB 1982 and AB 3227.

Please "cc" all letters to LIFE Lobby.  All members can be written to at the
following
address: The Honorable Jane Doe; California State Assembly; P.O. Box 942849;
Sacramento, CA 94249-0001.

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:  [email-masked]