Foes of same-sex marriage call Leno's bill unconstitutional, saying it overturns what citizens put into law five years ago when they passed Proposition 22 with 61% of the vote. That initiative said that only marriage between a man and a woman was valid and recognized in California.Because of that, Governor Schwarzenegger may veto the bill.
After the vote, Schwarzenegger spokeswoman Margita Thompson said: "The people spoke when they passed Proposition 22. The issue subsequently went to the courts. The governor believes the courts are the correct venue for this decision to be made. He will uphold whatever decision the court renders."I leave it to my gentle readers to decide whether this goes against what he said on Jay Leno's show in March:
"I believe in domestic partnership, and we have a law on the books here, so I'm against them handing out licenses because I think they should ... go through the legal procedures and the courts," Schwarzenegger said, adding: "If the people change their minds and they want to overrule that, that's fine with me. But right now, that's the law, and I think every mayor and everyone should abide by the law."Back then he said he was looking to the courts and the voters, but he didn't mention the legislature. Frankly, I don't see why the court is a better place to decide it than the legislature. If the law makers make it law that gay marriage is allowed, why have a court infer the same thing?
I can't comment on the consitutionality of it, considering Californians voted on it. I just hope it becomes law, one way or another.