After seeing many news headlines since the Governor's decision to veto AB 849, I have noticed that many, if not most people have the wrong impression of why the Governor has come to his conclusion. He pointed out in his press release that the people have voted on the issue and the issue is in the courts, but he does NOT say that he thinks that this is an issue that must be decided by the people and the courts. He is simply stating that since it would be illegal to oppose such action on the part of the people, he must abide by the law as it stands.
Our State Constitution here in California states that when a law is passed by the people it can only be revoked by the people. Therefore it was unconstitutional for the legislature to pass AB 849 and would be unconstitutional for the Governor to subsequently sign it.
Assemblyman Mark Leno would say that all this is baloney because his interpretation of prop 22 doesn't conflict with his bill. His claim is that prop 22 only applies to marriages that were established out of state and has no quarrell with homosexual couples wishing to marry within the state.
Very interesting debate if you ask me.
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