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Legislature might formally oppose Prop. 8 passage

December 3, 2008 |  8:57 am

The Prop. 8 fight is not just occurring at the California Supreme Court. The gay and lesbian caucus of the state Legislature is now proposing a resolution that would formally oppose the measure that banned gay marriage, according to the Sacramento Bee:

The nonbinding resolution, introduced on the second day of the new legislative session, seeks to put the Legislature on record as declaring the gay marriage ban approved by voters last month was an improper revision of the state constitution. Sen. Mark Leno, D-San Francisco, said the resolution would restate the now-familiar argument advanced by opponents of Proposition 8 that the measure required a two-thirds vote of the Legislature before being placed on the ballot. The state Supreme Court has agreed to consider that argument, and a ruling is expected by next June. "It's important to put ourselves on record (and) that we not remain silent," Leno said at a Capitol news conference where he was joined by other members of the LGBT Legislative Caucus.

Will this affect the high court? Doubtful, according to the San Francisco Chronicle: "This is the court's decision, not the Legislature's, just as whether you balance the budget is the Legislature's decision and not the court's," said Jesse Choper, the Earl Warren professor of public law at UC Berkeley's School of Law.

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