Who’ll decide the future of marriage in California?

I and my colleague Howard Mintz wrote an article today about how four other states’ votes in favor of gay marriage this week might or might not affect California’s situation on that issue. Here’s a tidbit that didn’t make it into the story:

Even if the U.S. Supreme Court upholds both California’s Proposition 8 and the federal Defense of Marriage Act, it might not fall to activists alone to make a renewed electoral push for same-sex marriage in California, suggested Rick Jacobs, chairman of the Courage Campaign, a Los Angeles-based progressive activist network claiming more than 750,000 members nationwide.

Thanks to this week’s elections, Democrats now hold supermajorities in both chambers of California’s Legislature as well as the governor’s office, Jacobs noted. Should the courts fail the movement, he said, “I can imagine a scenario … wherein we wouldn’t even have to pay the money to put it on the ballot: The Legislature and the governor could do it.”

Gil Duran, spokesman for Gov. Jerry Brown, responded that “it is premature to speculate on these matters while the case is pending before the United States Supreme Court.”

Similarly, John Vigna, spokesman for Assembly Speaker John Perez, D-Los Angeles, said “the Speaker believes this discussion is premature because the case is still before the courts, and the Speaker is very confident that the courts will invalidate Proposition 8 because of the eloquent and powerful case made by the plaintiffs and cited by Judge Walker in his decision ruling Proposition 8 as unconstitutional.”

But state Senate President Pro Tem Darrell Steinberg, D-Sacramento, seemed to embrace Jacobs’ idea: “I’m open to any and all ways to promote the cause of marriage equality and civil rights for all people.”

Josh Richman

Josh Richman covers state and national politics for the Bay Area News Group. A New York City native, he earned a bachelor’s degree in journalism from the University of Missouri and reported for the Express-Times of Easton, Pa. for five years before coming to the Oakland Tribune and ANG Newspapers in 1997. He is a frequent guest on KQED Channel 9’s “This Week in Northern California;” a proud father; an Eagle Scout; a somewhat skilled player of low-stakes poker; a rather good cook; a firm believer in the use of semicolons; and an unabashed political junkie who will never, EVER seek elected office.

  • John W

    How would the state legislature be able to act on this? Prop. 8 was a constitutional amendment.

  • Josh Richman

    Jacobs is saying the Legislature and governor could put a new measure on the ballot, thus saving activists the money, time and effort of having to gather signatures.

  • John W

    Thanks for the clarification. That makes sense.