Productive Day in the California Assembly: Bills Passed on Gay Marriage, High School Exit Exam Alternatives, Toxics in Kids' Products, Green Buildings

The Floor Debate and Vote on Gay Marriage

There was an elegant, heartfelt, and yet civil debate for an hour and a half yesterday evening on gay marriage. After it, on a strict party line vote of 42 to 34, the Assembly passed Mark Leno's AB 43 to eliminate the current "different-gender" requirements in the California's definition of marriage.

You've heard the arguments before about this important civil rights issue of today. The old chestnuts and red herrings that the institution of marriage is under assault and that this bill would somehow further the weakening of the institution, and many who opposed the bill started off with the phrase "As a Christian…" Assemblyman Maze perked up my ears when he included Biblical references to woman being created out of men's ribs. And to him and some of the other Republicans in the chamber, homosexuality is a sin. But he stated that he believes in loving the person but hating the sin, a phrase used by others opposed to the bill.

Leno, Assemblymember Laird, and others who spoke in support of the bill, noted what had changed in the tone and tenor of the debate. They recalled in their comments, the vituperative remarks that had been made in past years, and the advances made.

Given the changes identified in the attitudes of California's residents on this subject and the age distribution of these opinions, as exemplified by the Field Poll, it is only a matter of time before marriage in this state is will change. For a fuller discussion of the polling data, see our extensive article.

The Assembly debate is well worth watching for those convinced there is not a bit of difference between the Republicans and Democrats elected to the state legislature. More will be written about this in the days and weeks to come.

Some of the Other Important Bills Voted on Yesterday

AB 1108 (Ma), banning the use of phthalates in toys and childcare products designed for babies, which failed passage in an earlier vote, passed without a vote to spare, 41 to 31. These chemicals pose a risk to the health and proper development of babies and children and have been banned in many European nations and Japan. Republicans opposed the measure even being reconsidered and having the vote, but this was slapped down by Democrats on a 46 to 31 vote. Nevertheless, it took hard work and cajoling by Assemblymember Ma to secure the final passage and the bill was "on call" while that final vote was rounded up.

The Assembly passed on a 44 to 26 vote, AB 1379 (Brownley) to require the State Superintendent of Public Instruction to identify additional criteria and measures as an alternative to the high school exist exam by which students can demonstrate their competence and receive a diploma. Republican Assemblymember Garrick opposed the bill which he said was a "retreat for school accountability."

At least two "green building" bills were approved by the Assembly yesterday including AB 35 (Ruskin) for state facilities on a 45 to 31 partisan vote and AB 888 (Lieu) on a similar 43 to 33 vote. Republican Assemblymember La Malfa began his attack on AB 35 with the exasperated statement, "First of all, how many green building bills can we hear around here?" These bills passed despite the anticipated arguments that they were "job killers" (Both bills made the CalChamber's list in that regard) and that they were "taking choice away from the market," and the like. These are considered by the authors to be necessary to implement AB 32 on global warming and greenhouse gases.

There was hot debate on AB 1382 (Leno) to eliminate the fingerprinting and photographing of those applying for food stamps, which passed on a party line 46 to 29 vote. This provided the forum for Orange County Republican Assemblymember Todd Spitzer to once again attack Los Angeles County, this time for having the most fraud in this area. AB 1382 is one of many bills on food stamps and coincides with National Hunger Awareness Day. California has many residents eligible for food stamps who do not receive them and ranks low compared with other states in the percentage of those who can but don't avail themselves of them.

By a vote of 47 to 32, the Assembly passed a bill by Assemblymember Swanson (AB 45) to return control of the Oakland Unified School District to the locally elected school board. Republicans attacked this on the basis of the $100 million dollar state bailout the district was given years ago. Republican Assemblymember Garrick accused the author of trying to prematurely alter the agreement in this regard, but in a powerful and emotional closing statement, Swanson noted that the loan had a payback period of 20 years and asked if that was the period of time opponents wanted the district to remain under state control.

The debate on AB 45 was extensive and Assemblymember Spitzer raised a point of order objecting to the fact that his name had been mentioned by one of the speakers in favor of the bill, which he wrongly alleged was violative of the Assembly Rules, but was ruled out of order, as it is only attacks on a member's integrity that are not supposed to be made on the floor. Spitzer had stated that the bill was "outrageous--Mr. O'Connell is the statewide official in charge of public education in this state" and noted that O'Connell opposed the bill. One of the fascinating aspects of the debate was that Republicans, who routinely object to bills that have the state involved in doing anything, use the argument of local control in doing so.

Who would oppose a bill to collect data and developing a comprehensive system for reporting water use? AB 1404 (Laird) passed 43 to 27, with Republican rice farmer La Malfa voting no and speaking against the measure.

AB 398 (Feuer) to establish a website where information can be reviewed on long term health care facilities for those who are deciding where to place a loved one, passed 59 to 11.

AB 643 (Brownley) to deal with the differences in absentee ballots used by different counties was passed 47 to 31. It was noted by the author that in Venture County the postage required was $1.27, much larger than other areas. If approved by the Senate and signed by the Governor, the Secretary of State would report on alternative designs to reduce the size and complexity of absentee ballots, the fastest growing method voters are voting by in the state.

Ab 1358 (Leno) passed 46 to 20 and would have the state Office of Planning and Research develop guidelines to reduce vehicle miles traveled and accommodate all users of streets, highways, and public transit.

AB 1502 (Lieu) would encourage banking branches in areas of need. It passed 42 to 26.

AB 1511 (Leno) to establish a program in the Department of Public Health to encourage parents and parenting adults to talk with their teens about sex and sexual health, with the goal of well-informed decisions and reductions of sexually transmitted diseases, passed on a 43 to 31 vote, but not before Republican Assemblymember Nakanishi opposed the bill because abstinence should be promoted instead.

On a 43 to 34 vote, AB 515 (Lieber) was passed to have Cal OSHA's workplace standards protect workers from cancer, reproductive, and developmental harm from many chemicals known to cause them. Under present law, workers are not told about many of these chemicals which are completely unregulated in the workplace.

That is all, for the moment.