Legislative long shot: a daring law to legalize gay weddings clears a legislative hurdle in California. Will other states follow suit?

A funny thing happened in the California assembly toward the end of April. A once obscure bill, which would legalize same-sex marriages, cleared a hurdle when it was approved by a committee of lawnmakers. The measure could come up for a vote by mid May.

Sponsored by openly gay assembly-man Mark Leno of San Francisco, the bill essentially redefines marriage as a union between two persons, as opposed to its current wording as a union between a male and female. If approved, it would completely circumvent the ongoing battle for equal protection under current marriage laws in California.

While changing the law is a much faster way of getting to the goal of gay marriage--avoiding lengthy judicial proceedings and delays--such measures have been introduced in only five states' legislatures. And only California lawmakers have taken action on them.

Such bills are so rare because there are other pressing state issues, and gay marriage only recently emerged atop the agenda. Leno slated the bill's introduction for February 12 with modest hope for its eventual success. But on February 9, San Francisco mayor Gavin Newsom called Leno and told him of his plans to begin allowing same-sex marriages within the city, putting the issue squarely in front of voters statewide.

Another reason so few states have drawn up legislation is that 2004 is expected to be a hotly contested election year, when few politicians--Democrat or Republican--want to put their election chances on the line for such a divisive issue.

Leno's measure passed the assembly judiciary committee by an 8-3 margin in a uniformly party-line vote, but it will now have to pass an appropriations committee to determine the cost of implementing the measure and then be introduced on the main floor on May 21. It has until May 28 to be approved. "If we are not entirely successful this year, I'll bring it back in the new session," says Leno, who is facing reelection in a district he won with an 82% majority in the last election. "We'll bring it back, and next time it won't be so novel."

In the wake of gay marriage coming to the forefront, more lawmakers might actually start introducing their own marriage bills, say experts.

"Generally, marriage is considered under state authority, so it's entirely appropriate for state legislatures to address this issue," says Helen Chang, an adjunct law professor at Golden Gate University School of Law in San Francisco. The downside, she adds, is that "going through the legislatures gets caught up in the political workings, and you have the religious right fighting the issue at every turn."

Hudson has written for The Detroit News and Knight Ridder newspapers.