ARNOLD TO VETO GAY BILL GOVERNOR SAYS ISSUE A MATTER FOR THE COURTS.

Byline: Harrison Sheppard Sacramento Bureau

SACRAMENTO - As legislators debated through the night to work on hundreds of bills, Gov. Arnold Schwarzenegger declared Wednesday that he intends to veto a bill that would legalize same-sex marriages in California.

The bill, which got final legislative approval Tuesday, would make California the first state to legalize gay marriages through its legislative body rather than under a court decision as in Massachusetts.

Schwarzenegger press secretary Margita Thompson said the governor supports gay rights, but thinks the decision should be left to the courts and the voters.

``The people voted and the issue is now before the courts,'' Thompson said in a written statement.

``The governor believes the matter should be determined not by legislative action - which would be unconstitutional - but by court decision or another vote of the people of our state. We cannot have a system where the people vote and the Legislature derails that vote.''

California voters in 2000 passed Proposition 22 recognizing marriage as only between a man and a woman, although the issue of civil unions has been resolved legislatively and through court action.

A case challenging the state's marriage law is expected to be heard by the California Supreme Court next year. There are also two ballot measures circulating for next year that would not only ban gay marriages, but roll back many of the state's existing rights for domestic partners.

The bill's author, Assemblyman Mark Leno, D-San Francisco, said the governor's decision appears to be an effort to ``appease the radical far right.'' He still hopes to convince the governor to support the bill, and if he does not Leno plans to keep fighting for the issue.

``If it's true, the only conceivable explanation would be that he is politically pandering to the far right,'' Leno said. ``But I don't wish to believe that yet, because it would be such an insult and slap in the face to the hard work that both houses of the Legislature have engaged in over the past couple of months.''

He added that it is ``curious'' that the governor often criticizes the Legislature for not taking action, yet when they have taken a position on this controversial issue, he says it shouldn't be their decision to make.

``We get it to his desk and he's going to punt?''

On Tuesday, Schwarzenegger vetoed another bill that sought to lessen the use of negative references to an opponent's sexual orientation during a political campaign. The bill by Assemblyman Leland Yee, D-San Francisco, would add prohibitions against references to sexual orientation to the state's existing voluntary code of fair campaign practices.

Schwarzenegger said the code is voluntary and therefore could not be enforced and said he had faith in voters to reject any candidate who uses such negative appeals.

Although action is still pending on a measure to allow illegal immigrants to get drivers licenses, legislators also Wednesday acted on hundreds of other bills in an effort to finish their business before recessing Friday until January. Among the ones sent to the governor:

--Minimum wage: AB 48, by Assemblywoman Sally Lieber, D-Mountain View, would increase the minimum wage to $7.25 per hour as of July 1, 2006, and $7.75 an hour as of July 1, 2007, and tie automatic future increases to the consumer price index. The current minimum wage is $6.75 an hour.

--Special election: AB 1759, by Assemblyman Johan Klehs, D-Hayward, would grant the governor the authority to cancel a statewide special election.

--Spam: AB 97, by Sen. Kevin Murray, D-Culver City, would strengthen California's existing anti-spam law, placing a six-month county jail sentence or $1,000 fine on someone who sends unsolicited e-mail with misleading or false information in the header.

--Fire-safe cigarettes: AB 178, by Assemblyman Paul Koretz, D-West Hollywood, would ban the sale in California of cigarettes that don't meet certain fire-safety standards as of Jan. 1, 2007.

--English-language learners: SB 72, written by the Senate's budget committee, would provide an extra $20 million for additional materials to help teach English learners.

--High school exit exam: AB 1531, by Assemblywoman Karen Bass, D-Los Angeles, would allow school districts to offer alternatives to the high school exit examination.

--Katrina victims: AB 1646, by the Assembly Higher Education Committee, would allow the community college districts to waive fees for Hurricane Katrina victims.

--Italian Americans: AB 390, by Assemblyman Joe Canciamilla, D-Martinez, would require the State Board of Education, when it next revises the social science curriculum frameworks, to include the role and contributions of Italian-Americans to the economic, political and social development of the state and nation. The frameworks already include references to contributions by African-Americans, American Indians, Mexicans, Asians and other ethnic groups.

Harrison Sheppard, [phone]

harrison.sheppard(at)dailynews.com