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The Grim Reaper Cometh

by: Brian Leubitz

Fri Oct 12, 2007 at 21:54:26 PM PDT


A whole host of bills were vetoed by the Governor as the Midnight draws near. Some notable vetoes:

  • Marriage Equality (AB 43)
  • Worker's Comp Reform (SB 936)
  • Health Care (AB 8)
Of course a few were signed as well, including legislation to create an Office of Gang and Youth Violence Policy.
Brian Leubitz :: The Grim Reaper Cometh
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The Grim Reaper Cometh | 18 comments
Leno's response to Marriage Equality (8.00 / 1)
Assemblyman Mark Leno (D-San Francisco) made the following statement in response to the Governor's veto of AB 43, the Religious Freedom and Civil Marriage Protection Act:

"The Governor's veto of AB 43 once again puts him on the wrong side of one of the major civil rights issues of this generation. History will record that he turned his back on thousands of gay and lesbian citizens when we needed him to show leadership and honor our families and relationships.

A minority's equal rights should not and can not be a mere popularity contest, subject to the same kind of discriminatory inclinations that at another time in history have denied women, ethnic minorities and interracial couples their full equality. Some things are fundamental, like the freedom to marry the person you love.

I am proud to be a part of the California Legislature, a majority of whom voted for the second time to treat everyone as a first class citizen in this free society. There will come a day, not too far off, that all of California's citizens will be treated equally and fairly in the eyes of our government. Unfortunately, this will happen despite Governor Schwarzenegger."

Mark Leno - The Best Choice for Change


On the bright side (0.00 / 0)
He signed SB 777, which I think is a flip-flop from last year? A good one

He signed AB 14, and AB 394

He signed AB 682 (HIV/AIDS testing)

He signed AB 102 (last-name change rights for domestic partners)

He signed SB 362 (chip implanting for employment)

He signed AB 1109 (ban on incandescent lightbulbs)

He signed AB 1470 (natural gas utility surcharge to fund an incentive program for solar water heaters). That was a surprise, I thought he'd veto it

The Silent Consensus


Can't wait to read the editorials (0.00 / 0)
I'm really eager to see if the OC Register and their pseudo-libertarian agenda takes issue with the veto of same-sex marriage.

I can't believe people can call themselves "conservative" and then in the next breath advocate government regulation of marriage.


Well (0.00 / 0)
I don't think they'd mind divorcing the government from marriage completely

The Silent Consensus

[ Parent ]
Marriage is a personal relation arising from a civil contract... (8.00 / 1)
governed by Family Law statutes and case law.  I just don't see what alternative to that even makes sense.  Anything that had government regulation taken out of it wouldn't be marriage.

[ Parent ]
Says who? (0.00 / 0)
Government used to not be involved in marriage at all. It was still marriage. They were conducted by churches and within communities, and not government

Marriage licenses were introduced in the mid-1800's as a way of regulating interracial marriages

The Silent Consensus


[ Parent ]
Uhh no (0.00 / 0)
Are you ever right about anything?  Common-law marriage was the historic form of marriage in England until 1753 and in Catholic Europe until the Council of Trent.  Common-law marriage merely required that the parties consent to being married.  Civil registration was not required, but insofar as marriage was a legal arrangement, it was governed by laws.

You're also conflating marriages and weddings.  You don't "conduct" a marriage. 

Here's the section on Marriage from the Institutes of Justinian, laying out Roman Law on the subject on marriage.


  Roman citizens unite in legal marriage when they are joined according to the precepts of the law, and the males have attained the age of puberty and the females are capable of child-birth, whether they are the heads of families or the children of families; if the latter have also the consent of the relatives under whose authority they may be, for this should be obtained and both civil and natural law require that it should previously be secured. Wherefore it has been asked whether the daughter of an insane person could be married, or the son of an insane person take a wife; and as various opinions prevailed with regard to the son, We have rendered a decision by which it is permitted that the son of an insane person, just as the daughter of one, can also in a way prescribed by Our Constitution contract marriage without the intervention of his father.
  1. We cannot, however, marry every woman, for we must refrain from contracting matrimony with some of them. Hence, marriage cannot take place where the relationship of parents or children exists; as, for instance, between father and daughter, grandfather and granddaughter, mother and son, grandmother and grandson, and so on with respect to all other degrees; and if such persons cohabit with one another they are said to have contracted an infamous and incestuous marriage. These principles are so generally applicable that even if the parties stand in the relationship of parents or children to one another by adoption they cannot be united in matrimony; and even after the adoption has been dissolved the same legal restriction exists; and therefore you cannot take as a wife any woman who has been your adopted daughter or granddaughter, even though you may have emancipated her.
  2. A similar rule applies to persons related in the collateral degree, but this is not so strict. Marriage is indeed prohibited between brother and sister, whether they are the issue of the same father or mother, or of either of them; but where a woman becomes your sister by adoption, marriage cannot be contracted between yourself and her as long as the adoption exists, but after the adoption has been dissolved by emancipation, you can marry her, and also if you have been emancipated no impediment to the marriage exists. For this reason the rule has been established that if anyone desires to adopt his son-in-law, he must first emancipate his daughter; and if anyone wishes to adopt his daughter-in-law, he must previously emancipate his son.
  3. It is illegal to marry the daughter of your brother or sister; nor can anyone marry the granddaughter of his brother or sister, although they are related in the fourth degree; for whenever it is not lawful to contract matrimony with the daughter of anyone, marriage with his granddaughter is also prohibited. You are, however, not prevented from marrying the daughter of a woman adopted by your father, for the reason that she is not related to you either by natural or civil law.
  4. The children of two brothers or sisters, or of a brother and a sister, can marry.
  5. Moreover, a man cannot marry his paternal aunt, even though she may have been adopted, nor can he marry his maternal aunt, because they stand in the relationship of progenitors; and for the same reason you are very properly forbidden to marry your great aunt, either on your father's or your mother's side.
  6. It is also necessary to avoid matrimony with some women on account of the respect entertained for affinity. For example, to marry either a step-daughter or a daughter-in-law is not permitted for the reason that they both stand in the relationship of daughters; but it must be understood that the woman in question has been either a daughter-in-law or a step-daughter, for if she is still a daughter-in-law and married to your son you cannot take her as a wife for another reason, that is, because the same woman cannot be married to two men; and if she is still your step-daughter, that is to say, if her mother is married to you, you cannot contract matrimony with her because it is not lawful to have two wives at the same time.
  7. To marry a mother-in-law or a step-mother is also prohibited, because of their maternal relationship, and this rule also applies only after the affinity has ceased to exist; otherwise, if she is still your step-mother and married to your father, you are prevented from marrying her by the general rule that the same woman cannot be married to two men; and if she is still your mother-in-law, that is, if her daughter is still married to you, the marriage cannot take place for the reason that you cannot have two wives at the same time.
  8. The son of a husband by another wife and the daughter of a wife by another husband, or vice-versa, can lawfully contract matrimony, although they may have a brother or sister who is the issue of the marriage subsequently contracted.
  9. Where your wife after having been divorced has a daughter by another husband, the latter is not your step-daughter, but Julianus says you should abstain from marriage with a woman of this kind; for the betrothed of your son is not your daughter-in-law, nor the betrothed of your father, your mother-in-law, still those who avoid marriage with persons of this description act more properly and legally.
  10. That relationship existing among slaves is an impediment to marriage is certain where a father and daughter, or a brother and sister have been manumitted.
  11. There are also other persons who, for different reasons, are prohibited from contracting matrimony, and these We have permitted to be enumerated in the books of the Digest or Pandects compiled from the ancient law.
  12. Where persons cohabit in violation of the laws which We have prescribed, neither the relationship of husband or wife, nor a nuptial ceremony, marriage or dowry is understood to exist; hence those who are born from this intercourse are not under the authority of their fathers, but so far as relates to said authority are in the same category as those whom a mother has conceived in promiscuous intercourse; for these also are understood to have no father, as the latter is uncertain; hence they are ordinarily designated spurious children, either from a Greek word meaning "conceived at random", or because they are children without a father. It follows, therefore, that where an union of this kind is dissolved there is no claim for the return of the dowry; and, moreover, those who contract prohibited marriage are liable to other penalties which are set forth in the Imperial Constitutions.
  13. It sometimes happens that children are not under paternal authority when they are born, but are afterwards subjected to it. Such a one is he who being a natural son, is subsequently brought under the control of his father through becoming a member of the curia. He also belongs to this class who is born of a free woman with whom matrimony was by no means forbidden by the laws but with whom his father was accustomed to cohabit; and who was afterwards brought under the authority of his father by means of dotal instruments executed in accordance with the provisions of Our Constitution. Our Constitution likewise gives him this advantage, even though there are other children the issue of the same marriage.

http://webu2.upmf-gr...


[ Parent ]
First off... (0.00 / 0)
if you're going to correct me on semantics (marriage vs. wedding), please just say the differences, don't criticize me for making an error on words

Now, to the crux. I'm aware of the UK, and I misunderstood your point. I was confusing regulation with handing out marriage licenses

I still don't think marriage needs government to survive

Now that you got to a personal attack I'm going to extend my response

Did you ever read the post where I conceded that Kelo was not unprecedented and I answered why the backlash even though it wasn't?

The Silent Consensus


[ Parent ]
Marriage Licenses are irrelevant (0.00 / 0)
They are a useful bookkeeping device that allows the state to keep track of who is and who isn't married.  What is important is that the state sets the terms of who can be married, and what consequences follow from the status.  That's always been the case and there's no way that that is going to change.  We don't need to get the state out of the business of marriage (as if that even made sense).  We need to fix the regulations which govern who can be married.

[ Parent ]
To play devil's advocate? (0.00 / 0)
why is marriage a state function at all? "Because it's always been" is not a reason

If two people want to consider themselves married, why does the state need any part in that?

The Silent Consensus


[ Parent ]
Does it HAVE to be? (8.00 / 1)
No, it does not have to be a state function. The state has an interest in the stability that marriage can (sometimes) bring, and it's a useful shorthand for a slew of rights. But does government NEED to be in the business of marrying individuals. Not really.

However, once you get into the business, it must be operated equally and shouldn't depend on sexual orientation.

Shouldn't 3 strikes apply to Arnold? Strike 1, Strike 2, Strike 3. Life Sentence!


[ Parent ]
If there were no legal consequences of marriage... (0.00 / 0)
what would be the point?

[ Parent ]
Love (0.00 / 0)
Marriage is love in a lifetime commitment. Legal consequences are not the main point

The Silent Consensus

[ Parent ]
Legal consequences (8.00 / 1)
are the main point. Western marriage has long been about blood lines and property rights, and the involvement of the church came later, and was for purposes of control. People were getting married long before the idea of love and romance or the church entered the picture.

There are hundreds of laws that are applicable to married people, and that's the whole purpose of demanding equal rights. It isn't about demanding to be allowed to be in love. That's not something the government can regulate one way or the other. And anyone can find someone to bless their union, but it doesn't mean squat if it's not legally recognized.

Sheesh. Men. You're nothing but a bunch of closet romantics. ;-)


[ Parent ]
Religious purposes (0.00 / 0)
I guess?

Shouldn't 3 strikes apply to Arnold? Strike 1, Strike 2, Strike 3. Life Sentence!

[ Parent ]
Good point, but... (8.00 / 1)
If the state were REALLY interested in promoting the stability of marriages, it would outlaw divorce. Instead they created some bizarre institution you can walk into and out of as long as the right set of gonads are involved.

It is not--nor has EVER been--about procreation (or else we would ban marriages of the sterile).

There's a lot of talk about what marriage is for, but very little evidence that it does what it is supposed to.


[ Parent ]
Regardless of all this (0.00 / 0)
I think progressive really need to engage the conservatives on this issue. Not the religious-bigotry conservatives, of course. But there's a large component of the conservative movement that chafes at government regulation of anything (especially something as personal as consensual conduct between adults).

I'd like the debate to be not liberals vs. conservatives, but liberals and conservatives vs. the homophobes.


The Grim Reaper Cometh | 18 comments
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