CA Governor Arnold Schwarzenegger changes tune, signs pro-gay bills

Sonoma County Civil Rights Examiner

Megan Coffey

In a surprising reversal of his earlier positions, California Governor Arnold Schwarzenegger signed two pro-gay bills just before the deadline of midnight on Sunday, October 11. The governor had previously vetoed two similar bills, and had been expected to veto these pieces of legislation as well.

One of the new laws establishes a state-wide “Harvey Milk Day” on the slain gay activist’s birthday, a provision that Schwarzenegger had vetoed last year. The other new legislation provides for CA recognition of same-sex marriages performed in other states during the five-month period in 2008 when such unions were legal in California, while affording full domestic-partnership benefits to same-sex marriages performed out-of-state since Proposition 8 went into effect. The governor had vetoed two earlier bills recognizing marriage rights for gay couples, in both 2005 and 2007.

It is unclear what caused Schwarzenegger to change his mind about either of the bills he signed, especially the bill honoring Harvey Milk, which was virtually identical to the one the governor vetoed just last year (ostensibly because Milk was only relevant “at the local level”), and which Schwarzenegger had hinted he would veto again, despite President Obama’s posthumous awarding of the Medal of Freedom to Milk earlier this year. Perhaps Obama’s gesture shamed the governor into signing the bill after all?

As for the legislation recognizing out-of-state same-sex marriages, Schwarzenegger certainly could have been expected to veto that bill under cover of respect for the “will of the voters” who passed Proposition 8, much as he claimed he vetoed earlier gay-marriage recognition bills because of the “will of the voters” reflected by Proposition 22—the ballot initiative with identical wording to Proposition 8—which passed in March 2000. Moreover, Equality California reported that the governor’s office was “flooded” with calls from anti-gay-rights voters urging him to veto the out-of-state same-sex marriage recognition bill.

So, what caused Arnold Schwarzenegger to change his tune and support these pro-gay bills whose predecessors he so recently vetoed? Could it be that he has political ambitions beyond the governorship that require him to court more moderate voters? Might the governor be proof that an old dog can learn new fairness and compassion for oppressed minorities? Or is it possible that Schwarzenegger has always favored LGBT rights, but it just took him this long to grow the political spine to stand up to his hate-mongering base? (Sadly, though, he still didn't grow enough spine not to veto trans-rights legislation that would have improved prisoner safety and access to birth certificates for transgender Californians.)