THE VOICE OF CHICAGO'S GAY, LESBIAN, BI, TRANS AND QUEER COMMUNITY SINCE 1985

In its first two votes starting late on June 1, the Democratic-controlled assembly fell six votes short of the needed 41 votes for the bill that was sponsored by Democratic assemblyman Mark Leno of San Francisco, who is openly gay. He lobbied throughout the day but picked up only two additional votes for the measure. The last vote ahead of a June 3 deadline to pass current legislation was 37-36. Not one of the 33 Republicans in the 80-member assembly backed the bill. Moreover, according to 365Gay.com, nearly a quarter of the Democrats voted with Republicans to reject the bid.

Activists in the state had hoped the issue would come up for another vote on Friday, the last day new bills could be considered, but it was not to be. However, the Assembly leadership decided there were too many other pieces of legislation pending. The loss leaves Massachusetts as the only place in the country where same-sex couples can marry.

The Religious Freedom and Civil Marriage Protection Act was authored by Leno, D-San Francisco. The bill would have required local clerks to issue marriage licenses to same-sex couples but allow people opposed to gay marriage to refuse to conduct weddings. The measure had the support of Assembly Speaker Fabian Nunez and other key Democrats. Last month the California Democratic Party passed a resolution supporting same-sex marriage. However, even if it had passed the assembly, the bill would still have needed to clear the Senate before going to Gov. Arnold Schwarzenegger, who has been vague about his position on gay and lesbian marriage.

In a January meeting with the editorial board of the San Francisco Chronicle, Schwarzenegger suggested this may not be the best time to push gay marriage, saying it might backfire. However, last year in a Tonight Show appearance Schwarzenegger said gay marriage would be 'fine with me' if it were embedded in state law or ruled legal by the courts.

Although the bill was defeated, the close vote was encouraging for gay-marriage advocates. 'We had people who were adamantly against it last year who were speaking adamantly in favor of it on the floor,' said Democratic assemblywoman Sally Lieber. 'We will come back to the California State Assembly, State Senate and Gov. Schwarzenegger to fulfill our state constitution's promise of equality,' said Shannon Minter, legal director, National Center for Lesbian Rights.

Had the bill passed it would have made California the only state where gay marriage was the supported by the legislature. California law affirms a traditional definition of opposite-sex marriage but also allows domestic-partnerships for gays and lesbians.