Both bills were sponsored by Equality California (EQCA) and were
introduced by Senator Mark Leno (D-San Francisco). The bills were the top
priority of EQCA, the state’s leading LGBT rights organization and were
targeted by right wing anti-gay groups who worked to defeat the bills first in
the legislature and then by urging the Governor to veto the measures.
“We are grateful to the Governor
for signing these critical and groundbreaking measures into law and rising
above partisan politics to improve the lives of LGBT Californians,” said EQCA
Executive Director Geoff Kors.
The Harvey Milk Day bill marks the first time in the nation’s history that a
state will officially recognize and celebrate the contributions of an openly
LGBT person with an annual “day of special significance.”
“Californians will now learn about
Harvey’s amazing contributions to the advancement of civil rights for decades
to come,” Kors said. “He is a role model to millions, and this legislation will
help ensure his legacy lives on forever.”
The Marriage Recognition and
Family Protection Act, also signed today, holds that same-sex couples married
before the passage of Proposition 8 must be recognized as married spouses in
California, regardless of whether they married in California or in another
state or nation. In addition, the new statute also confirms that same-sex couples
married outside of California after November 5, 2008, must be given all of the
rights, protections and responsibilities of married spouses under California
law, with the sole exception of the designation of “marriage.”
“We are grateful that the Governor
has signed this critical bill, which provides much needed protections for
same-sex couples who have legally married out of state, or will in the future,
and who deserve to be treated like any other married couple,” Kors said. “This
bill will allow same-sex couples to get married in other states and countries
and ensure they are treated equally under the law when they return to
California. Ultimately, however, restoring the freedom to marry is the only way
to ensure that all Californians receive the dignity and respect that comes with
marriage.”
“When California offered marriage
licenses to same-sex couples in 2008, spouses who were already married in
another state or country were prohibited from re-marrying in California,” said
Senator Leno. “Now those couples and their families are in limbo because their
rights and protections under law are not clear. This new law will ensure that
same-sex couples are protected by existing California law that recognizes all
marriages equally, regardless of where they are performed.”
The Governor also signed
EQCA-sponsored legislation by Assemblymember John A. Pérez to help leverage
funding for same-sex domestic violence services and vetoed two bills on the
grounds that existing law and policy already provided the protections the bills
sought to put into statute: the Equal ID Act, allowing transgender people to
obtain new birth certificates and the LGBT Prisoner Safety Act, considering
sexual orientation and gender identity to safely house prisoners.
“While we believe it is important
to have these protections in statute rather than just as policy or court
precedent and are disappointed by the vetoes, the Governor’s reaffirmation of
these policies will hopefully help ensure they are enforced,” Kors said.