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R-9833 f:\atty\mu ni\laws\mjm\marriage. wpd City Council Meeting 2-11-03 Santa Monica, California RESOLUTION NUMBER 9833 (CCS) (City Council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA URGING GOVERNOR GRAY DAVIS AND THE CALIFORNIA STATE LEGISLATURE TO EXPAND CIVIL MARRIAGE LAWS TO BE INCLUSIVE OF GAY AND LESBIAN COUPLES WHEREAS, Santa Monica has by local policy and ordinance shown its commitment to fair and equitable treatment of all persons regardless of gender or sexual orientation; and WHEREAS, concern over the inability of same-sex couples to enjoy the full benefits of legal marriage under existing state law has been demonstrated locally; and WHEREAS, the City of Santa Monica is home to many families headed by same- sex couples, many with children; and WHEREAS, these families deserve the same rights and legal protections as other families under the law, including the protection of their children's economic interests by insuring their access to the resources of both parents; and WHEREAS, marriage is a unique civil contract, separate and distinct from any religious, ethnic, or other traditions; and 1 WHEREAS, civil marriage bestows thousands of local, state and federal rights, protections, and responsibilities that are otherwise unavailable to gay and lesbian families; and WHEREAS, the inability to access these legal protections results in significant harm to these families, including financial insecurity, lack of retirement and death benefits, and access to family court for dissolutions; and WHEREAS, discriminatory marriage laws result in significant harm to lesbian, gay, bisexual, and transgendered people by perpetuating homophobia, just as anti- miscegenation laws barring people of different races from marrying, legal in the United States until 1967, perpetuated racism and social ostracism; and WHEREAS, discriminatory marriage laws undermine the City of Santa Monica and State of California's commitment to equality, privacy, and justice for all of its citizens; and WHEREAS, marriage is recognized as one of the fundamental elements of individual liberty; and WHEREAS, the opportunity to publicly and legally commit to share one's life with a person of one's choice is for many people one of the most central aspects of human experience, and denial of marriage to same-sex couples is a denial of fundamental civil rights, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: SECTION 1. The City of Santa Monica urges the California State Legislature and Governor Gray Davis to end discrimination against lesbian, gay, bisexual, and transfendered people and theirfamilies by amending the California Family Code to remove 2 references to sex and gender as eligibility requirements for a civil marriage license and by enacting a law providing for equal access to marriage and all of its legal benefits and obligations by all persons, regardless of sex, gender identity, or sexual orientation. SECTION 2. The City Clerk shall forward this Resolution to Governor Gray Davis, State Senator Sheila Kuehl and Assemblyperson Fran Pavley. SECTION 3. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: 3 Adopted and approved this 11th day of February.~ Richard Bloom, Mayor I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Resolution No. 9833 (CCS) was duly adopted at a meeting of the Santa Monica City Council held on the 11th of February, 2003, by the following vote: Ayes: Council members: O'Connor, Holbrook, Genser, Katz, Mayor Pro Tern McKeown, Feinstein, Mayor Bloom Noes: Council members: Abstain: Council members: Absent: Council members: ATTEST: