State Attorney General Bill Lockyer on Probation

One Strike down, Two to go…

At the last Democratic Convention, I argued that State Attorney Bill Lockyer had gone too far over the line and had a three strikes problem. Or at least that was the buzz at the Convention…

Lockyer
1) was suing SF to stop gay marriage
2) was leading the charge for the Death Penalty against District Attorney Kamala Harris
3) had no remorse for voting for Arnold.

Well Lockyer partially redeemed himself this week. Under California law, Lockyer is charged with giving the ballot title and summary for ballot initiatives for the statewide ballot. Well right wingers submitted three ballot initiatives that would ban same sex marriage and repeal domestic partner benefits. They are all slightly different but accomplish nearly the same thing.

The title and summary that Lockyer released Monday was great for us in that it laid bare their aim to repeal rights that same sex and heterosexual couples share in our current domestic partner laws. Knowing that they would lose with that title and summary, the opponents have legally challenged it and we await the courts ruling in that case. One strike down, two to go. But even if you totally redeem yourself, in my opinion, you are definitely still on probation Mr. Lockyer. What do you think?

Of course, it really doesn’t matter does it? The Three strikes law still needs to be reformed and until then , you are in jail forever…

In the interim, Lockyer has released two more, one that repeals marriage and domestic partner benefits explicitly and one that only bans same sex marriage. However, I got an email from the interim Campaign manager who argues that the differences are negligible and that both of these amendments pose the same serious threats as the first one. “They specifically state that no other “legal union” or “legal status” besides marriage can be conferred on an unmarried couple. the proponents of these measures are purposely using the terms in these amendments to eradicate any protections for same-sex couples because California’s domestic partner law uses the term “legal union” and it requires that registered domestic partners have the same legal benefits-i.e., status-as married couples.”

Put simply, all three initiatives would repeal domestic partner benefits and ban same sex marriage, like many constitutional amendments that were on the ballot last November that won. Do they have a chance in California? Yes. The first one that was released on Monday I would argue we would win on and that the opponents are right to sue. It emphasizes the domestic partner benefits. The third one, I think, we would be at a serious disadvantage because it doesn’t explicitly attack domestic partners, even though ultimately it would. Most folks and even rocket scientists know that domestic partner benefits are much more popular in California than same sex marriage.

The right wingers have until December 24th to collect about 600,000 signatures to place it on the ballot for June 2006. Merry Christmas, eh?

On a final note, to those community leaders and organizations that signed on to the open letter to our community last month to continue to fight for marriage equality, thank you. We had argued that Assemblymember Leno’s legislation needed to go forward and that now was no time for complacency. Our community won and the legislation is moving forward again. But there is more work to do. It will come back to the Assembly where everyone knows it is harder to win and we need to push even harder this time to pass the legislation for same sex marriage. Everyone must know at least a couple of folks who live outside our urban bubbles…

Become a member of Equality California and get action alerts so that you can help mobilize. Thanks to Equality California, Geoff Kors, and Molly McKay for all you do.

And remember. When we believe, we win. Cuz if Rosie the Riveter believes we can do it, we can.