VETOED	DATE: 09/29/2005

To the Members of the California State Assembly:

I am returning Assembly Bill 849 without my signature because I do
not believe the Legislature can reverse an initiative approved by the
people of California.

I am proud California is a leader in recognizing and respecting
domestic partnerships and the equal rights of domestic partners.  I
believe that lesbian and gay couples are entitled to full protection
under the law and should not be discriminated against based upon
their relationships.  I support current domestic partnership rights
and will continue to vigorously defend and enforce these rights and
as such will not support any rollback.

California Family Code Section 308.5 was enacted by an initiative
statute passed by the voters as Proposition 22 in 2000.  Article II,
section 10 of the California Constitution prohibits the Legislature
from amending this initiative statute without a vote of the people.
This bill does not provide for such a vote.

The ultimate issue regarding the constitutionality of section 308.5
and its prohibition against same-sex marriage is currently before the
Court of Appeal in San Francisco and will likely be decided by the
Supreme Court.

This bill simply adds confusion to a constitutional issue.  If the
ban of same-sex marriage is unconstitutional, this bill is not
necessary.  If the ban is constitutional, this bill is ineffective.


Arnold Schwarzenegger