Leaders of the California Legislature and members of its gay and lesbian caucus have introduced measures supporting the repeal of Proposition 8, the constitutional ban on same-sex marriage approved by voters last month.
While the resolutions have no force of law, they would put the state’s lawmakers on record in support of legal arguments, made by gay rights activists and officials from San Francisco and several other cities, that the measure was a revision of the state Constitution and not a simple amendment.
A revision requires approval by two-thirds of the Legislature before it can be placed on the ballot, while an amendment can go forward through a signature-gathering process or by an act of the Legislature and requires a simple majority vote.
Prop. 8 was approved by 52 percent of state voters Nov. 4.
The resolutions, introduced Tuesday in the Senate and the Assembly, say Prop. 8 changes the underlying principles of the Constitution.
“It is very simply the difference between a constitutional democracy and the tyranny of the majority,” said Sen. Mark Leno, D-San Francisco, who introduced the Senate resolution with Senate President Pro Tem Darrell Steinberg, D-Sacramento.
Leno, sworn into office with other lawmakers Monday as the first openly gay man elected to the state Senate, said Prop. 8 puts the rights of all minorities at risk.
via SF Chronicle: State lawmakers weigh in on Prop. 8