Schwarzenegger vetoes same-sex marriage bill again State court plans to examine legality of 2000 measure

Gov. Arnold Schwarzenegger vetoed a same-sex marriage bill Friday, the second time in three years that such a measure died on the governor's desk.

Schwarzenegger vetoed a similar bill in 2005.

"I support current domestic partnership rights and will continue to vigorously defend and enforce these rights," the governor said in a statement Friday.

In his veto message, the Republican governor said it is up to the state Supreme Court and then, if necessary, voters to alter Proposition 22, which defines marriage as between a man and a woman in California.

The California Supreme has agreed to decide on the constitutionality of Prop. 22, but the justices are not expected to hear the case until next year.

The vetoed measure, AB43, was the third try by Assemblyman Mark Leno, D-San Francisco, to create a gender-neutral marriage bill.

The act would have amended state law to define marriage as a civil contract between two persons.

Schwarzenegger announced the veto just after 5:30 p.m.

Leno said the governor missed a "lifetime opportunity to show extraordinary leadership and be a real-life action hero."

He noted that his measure is a different section of the family code than the one addressed in Prop. 22 and therefore does not need to be repealed by voters.

"He chose to fail his opportunity for greatness," Leno said.

The assemblyman said he will continue to pursue legislative change, which would be required if the state Supreme Court rules Prop. 22 is unconstitutional.

He said he believes eventually supporters of same-sex marriage will prevail.

"There's never been a civil rights movement in the country that has failed," he said.

Leno first took the fight to Sacramento in 2004 after the Supreme Court nullified more than 4,000 same-sex marriage licenses issued in San Francisco with Mayor Gavin Newsom's blessing. He withdrew the first bill but successfully persuaded the state Legislature to support two subsequent measures - with votes each time divided along party lines.

Supporters of the bill expected the veto but said the governor's decision is disappointing.

"This will be part of his legacy," said Geoff Kors, executive director of Equality California, which sponsored AB43. "He single-handedly is standing in the way of lifting the cloud of discrimination for millions of Californians."

Kors said he doesn't anticipate bringing the issue back to the voters with a new ballot measure.

"You don't put minority rights up for a vote from the majority," he said. Yet Kors noted that public opinion has shifted since voters passed Prop. 22 seven years ago with more than 60 percent support.

"The polls show California is equally split on this issue now," he said. "So there's been a sea change on this issue."

Kors said his organization will continue the fight in court while simultaneously working to ensure the next governor supports the rights of same-sex couples to marry.