Just days before the matter is to be taken up by California’s Supreme Court, the state Senate today approved a resolution today calling Proposition 8, the ban on same-sex marriage, an improper revision of the Constitution because it was not approved by the Legislature.
Sen. Mark Leno (D-San Francisco) said the initiative is a fundamental revision to the document, not an amendment, and therefore required deliberation by the Legislature and a two-thirds vote of both houses to put it on the ballot.
“Do we have a constitutional democracy in California, or do we have mob rule?” Leno asked his colleagues before the 18-14 vote approved the resolution.
The issue of whether proper procedures were followed in putting the measure on the ballot is to be considered Thursday, when the state Supreme Court takes up a legal challenge to the ballot measure.
Republican senators said the resolution was an inappropriate attempt by the Legislature to influence the courts.
“Californians have spoken. They have spoken a couple of times,” said Sen. George Runner (R-Lancaster). “I guess I don’t see the California citizens, who I believe thoughtfully went to their voting places, as participating in mob rule.”