Blogcabin California

Those seeking to deceptively repeal gay rights in California under the veil of “marriage protection” have two new ballot measures going in to circulation.

1146. (SA2005RF0082)

Marriage. Invalidation of Domestic Partnerships. Initiative Constitutional Amendment.
Summary Date: 07/25/05 Circulation Deadline: 12/27/05 Signatures Required: 598,105
Proponents: Gail Knight, Natalie R. Williams, Mark A. Jansson, and Philip W. Kell, c/o Andrew Pugno (916) 608-3065

Amends the California Constitution to provide that a marriage between a man and a woman is the only legal union that shall be valid or recognized in California. Amendment bars domestic partnerships from being valid or recognized as legal unions in California. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Unknown, but probably not significant, fiscal effect on state and local governments. The impact would depend in large part on future court interpretations.

1147. (SA2005RF0083)

Marriage. Exclusive Legal Status for Married Spouses. Initiative Constitutional Amendment.
Summary Date: 07/27/05 Circulation Deadline: 12/27/05 Signatures Required: 598,105
Proponents: Gail Knight, Natalie R. Williams, Mark A. Jansson, and Philip W. Kell, c/o Andrew Pugno (916) 608-3065

Amends the California Constitution to provide that only a man and a woman in a lawful marriage shall have the legal status of married spouses in California. Makes same-sex marriage unconstitutional. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Unknown, but probably not significant, fiscal effect on state and local governments. The impact would depend in large part on future court interpretations.

The devil is in the details, and it is quite possible to disagree with Attorney General Bill Lockyer’s interpretation of both. Here’s what the two measures actually say:

A marriage between a man and a woman is the only legal union that shall be valid or recognized in this state.

and;

Only a man and a woman in a lawful marriage shall have the legal status of married spouses in California.

The latter measure gets the more generous Title and Summary from Lockyer–who has led court defenses of California’s current ban on marriage equality. However, in the details, it is clear that the intent is not to simply make, “same-sex marriage unconstitutional,” in California but to deny partnership rights to anyone who cannot enter into such a relationship.

Lockyer approves ballot petitions [SFGate]