Domestic Partner Bill Clears Assembly

In an emotional debate that touched on religion, fairness and falling in love, the Assembly passed legislation Wednesday that would expand the rights of gays and lesbians in domestic partnerships.

Assemblywoman Carole Migden, the San Francisco Democrat who helped pass a law two years ago that enabled gay and lesbian couples to register as domestic partners in California, moved a step closer to increasing their benefits as well as those of seniors who register as domestic partners.

“This bill addresses the issue of fairness and justice for nontraditional families,” Migden said. “It responds to a broad base of Californians who are choosing to define commitment differently, but still adhere to a set of social responsibilities.”

With a crucial hurdle passed in the Assembly, Migden said she is confident that her bill, which expands health, estate planning and unemployment benefits for domestic partners, will win both the Senate’s approval and Gov. Gray Davis’ signature. Davis, who vetoed a similar Migden measure last year, has not taken a position on the legislation.

Lawmakers split along party lines on the bill, AB 25, which cleared the Assembly on a vote of 43 to 29 following more than an hour of intense debate.

Assemblywoman Jackie Goldberg, a Los Angeles Democrat and one of three lesbians serving in the lower house, grew increasingly emotional as she recounted a past challenge she faced because of the California legal system.

Partially sedated and about to undergo back surgery, Goldberg said, she was forced to scramble to find two witnesses and lawyer so that her partner would have power of attorney to make medical decisions on her behalf.

“Why should I have to? None of you have to,” Goldberg said. “You could be on your 14th marriage and you can get what I can’t get after 22 years.”

Republicans objected to the measure, saying it violated the spirit of Proposition 22, the ballot initiative that state voters approved last year that defined marriage as a heterosexual-only bond.

Assemblyman Jay La Suer (R-La Mesa) said the bill threatened to overturn the will of the majority of Californians. He also said he was glad he had a mother and a father because if he had had a mother and a mother or a father and a father he would not be here.

“This bill is a steppingstone to undermine marriage in the state of California,” added Assemblyman Dennis Mountjoy (R-Monrovia).

Assemblyman Sam Aanestad (R-Grass Valley) opposed the measure on religious grounds. He told Migden he could not vote for the bill because according to his beliefs, homosexuality is an abomination.

“For me personally it’s about obedience,” Aanestad said. “I don’t have a choice.”

Assembly Democrats quickly lined up to rebuke their conservative counterparts.

“This bill is not about God, the Bible or Proposition 22,” said Assemblywoman Christine Kehoe (D-San Diego). “It’s about fairness and equal rights for thousands of Californians.”

Assemblyman Roderick Wright (D-Los Angeles) joined Republicans in reciting biblical phrases. Wright chose phrases, however, to bolster support for the measure.

“One of the things Jesus said was love everyone as I have loved you,” Wright said.

Added Assemblyman Joe Simitian (D-Palo Alto): “Who are we . . . to say the love we feel for our husbands and wives is somehow superior to the love these women and men feel for each other?”

In addition to allowing partners in same-sex couples to file wrongful-death suits, the measure would permit them to make medical decisions on behalf of sick partners and inherit their estates without wills. Supporters of the measure include Sharon Smith, the partner of Diane Whipple, the lacrosse coach mauled to death in a notorious dog attack. Smith lent her support to the bill during a March hearing in the Capitol after learning she had no right to sue on behalf of Whipple.

But the bill also has been the focus of intense lobbying by opponents, including the Campaign for California Families.

Democratic lawmakers complained about slick color fliers that were customized with their individual photographs and sought to pressure them into opposing the bill. They also reported being bombarded by phone calls urging them to vote against it.

The Rev. Louis Sheldon, chairman of the Anaheim-based Traditional Values Coalition, warned that Migden’s bill would burden California’s mid-size and small businesses.

“It’s hard for them to absorb the additional costs for domestic partner benefits,” he said.