Bills on Death, Gay Marriage Stall

SACRAMENTO —  Backers of same-sex marriage and doctor-assisted suicide, two of the most riveting social issues in the Legislature this year, struggled Wednesday to overcome ambivalent support among lawmakers.

An Assembly measure to legalize same-sex unions failed to garner a majority on an early vote, sending its backers scrambling for support before another round of balloting. Late in the evening, a vote was delayed by partisan bickering over an unrelated bill.

During the earlier, intense debate in a crowded but hushed chamber, Democratic proponents called gay marriage a matter of equality, and Republican opponents said it threatened the nation’s moral fabric.

With 35 favoring the proposal and 37 against it, supporters worked to persuade seven uncommitted lawmakers -- all Democrats -- to give them the six more votes needed to pass the measure.

“We’ve got some work to do,” said Assemblyman Mark Leno (D-San Francisco), author of the bill, AB 19. “We’re not giving up yet.”

Meanwhile, support for a measure to allow terminally ill people to hasten their deaths with a lethal prescription was so weak in the Assembly that its authors decided to delay a vote until later in the legislative session, which ends in August. Assembly members Patty Berg (D-Eureka) and Lloyd Levine (D-Van Nuys) decided to use a parliamentary maneuver that would allow their measure, AB 654, to be debated and voted on first in the more liberal Senate.

“It would allow us the opportunity to really straighten out some of the myths and the inaccuracies that are being spread about this bill,” Berg said.

Leno’s bill would define marriage in state law as a civil contract between two persons, instead of a man and a woman. Supporters say the bill has advanced further in the California Legislature than any similar measure has survived in any state legislature except Vermont, where a court ordered lawmakers to grant marriage rights to same-sex couples.

His bill “is really about affording dignity and respect to every Californian,” Leno said. “AB 19 is founded on the assumption that we all have the same hopes and dreams, fears and frustrations, joys and aspirations for ourselves and our families.”

Republican opponents of the bill argued that it conflicts directly with Proposition 22, an initiative voters passed in 2000 that declares: “Only marriage between a man and a woman is valid or recognized in California.”

They told Leno to take his measure to the voters.

“The intent of Proposition 22 is very, very clear and very, very understandable,” said Assemblyman Ray Haynes (R-Murrieta). “The people knew exactly what they were doing when they voted for it.”

In comments that some Democrats said they found offensive, some Republicans said gay activists were trying to subvert the institution of marriage.

“We need standards in order to get along with each other to accomplish anything in a civilized society,” said Assemblyman Doug La Malfa (R-Richvale). “Some of those might be defined by the Ten Commandments, the Bill of Rights or even just the laws of nature.”

“I just really, really worry about a world I’m trying to raise my kids in....When you change a standard like this, no standard or institution is safe from humanistic interpretation,” La Malfa said.

The bill’s defenders argued that it would simply end discrimination by giving same-sex couples all of the legal rights and obligations enjoyed by married couples.

“I, too, believe marriage is a beautiful and cherished institution that absolutely should be protected and preserved,” Berg said. “Currently, it is possible for a man and a woman who have known each other for only a few hours to run up to Las Vegas and get married.”

“This couple would be afforded all the rights of marriage, no questions asked,” Berg said. “And yet, a same-sex couple who have shared a life, a home, a family for five, 10, 25 years or more ... are not afforded these rights. How does that protect marriage?”

Assemblywoman Jackie Goldberg (D-Los Angeles), a lesbian with a partner of 26 years, said bill opponents dehumanize gay and lesbian couples.

“We’re really all alike. We’re in love, we want to have a family, we want to have the protections that marriage gives us, but most of all, we want to proclaim to the world that love,” said Goldberg, her voice rising. “Unless you are willing to look me in the face and say that I am not a human being just as you are, you have no right to deny me access to marriage in this state or anywhere else.”

Eight lawmakers abstained in the initial voting. Supporters said they were surprised that they included Assemblyman Rudy Bermudez (D-Norwalk) and Assemblyman Alberto Torrico (D-Newark). Geoffrey Kors, executive director of Equality California, said both had indicated as candidates that they would support a gay marriage bill.

Also present but not voting were Democrats Edward Chavez of La Puente, Jerome Horton of Inglewood, Gloria Negrete McLeod of Chino, Simon Salinas of Salinas and Tom Umberg of Garden Grove.

Assemblyman Mike Gordon (D-El Segundo) has been absent from the Assembly since February for treatment for a brain tumor. Leno said Gordon has told Assembly leaders that he would like to cast a vote for AB 19.

If Leno’s bill fails to clear the Assembly before Friday, it is effectively dead for the year. Gov. Arnold Schwarzenegger has taken no public position on the bill.

Opponents of same-sex marriage have vowed to put a ballot measure before voters next spring. That measure states that “only marriage between one man and one woman is valid or recognized in California, whether contracted in this state or elsewhere.”

Also Wednesday, lawmakers approved a number of measures in both the Assembly and the Senate. Each measure now moves to the other chamber for consideration. Among them are proposals that would:

* Extend the state’s Healthy Families program to those earning up to 300% of the federal poverty level -- or $58,050 for a family of four. Currently, the program covers families earning up to 250% of the federal poverty level. Lawmakers say every child in California can be covered under the expanded program. The measures would also make it easier for parents to purchase health insurance just for their children. SB 437 by Sen. Martha Escutia (D-Whittier) passed the Senate, and AB 772 by Assemblywoman Wilma Chan (D-Alameda) passed the Assembly .

* Extend the current 10-year statute of limitations for prosecuting child molesters. Complaints could be filed until the 30th birthday of any victim assaulted when younger than 18. SB 111 by Sen. Elaine Alquist (D-Santa Clara) passed the Senate unanimously.

* Encourage the creation of 1 million solar energy systems by requiring utilities to subsidize such efforts and home builders to offer solar panels as an option. SB 1 by Sens. Kevin Murray (D-Culver City) and John Campbell (R-Irvine) passed the Senate 28-3.

Times staff writer Jordan Rau contributed to this report.