In February 2004, San Francisco Mayor Gavin Newsom ignited a statewide debate on same-sex marriage when he ordered city officials to issue marriage licenses to same-sex couples. The state supreme court later ruled those marriages invalid, but sent the question of the constitutionality of same-sex marriage back to the lower courts. A San Francisco Superior Court judge then ruled that the state’s current law discriminates against gays and lesbians, and was therefore unconstitutional. The case was appealed and the State Appeals Court overruled the decision in a 2 to 1 vote. The case has now made its way back to the State Supreme Court, the court will hear arguments and is expected to make a ruling by the end of the year.

Consequently, San Francisco State Assemblyman Mark Leno has introduced legislation that would legalize same-sex marriage. Assembly Bill 43, the Religious Freedom and Civil Marriage Protection Act would give same-sex couples the same rights as straight couples. In 2005, Assemblyman Leno authored a similar bill (AB 849) passed the State Assembly and State Senate last year, but was vetoed by Governor Schwarzenegger. That bill was the first of its kind to pass a legislative body in the United States. In February of 2007, Governor Schwarzenegger said he would again veto the current legislative proposal.