Leno Resolution Declares Legislature’s Opposition to Proposition 8’s Unlawful Revision to the California Constitution
Sacramento, CA— Senator Mark Leno (D-Marin/San Francisco/Sonoma) introduced Senate Resolution 7 today to declare the Legislature’s opposition to Proposition 8 because it failed to meet the distinct procedures mandated by law for revisions to California’s Constitution.
The resolution is co-authored by the entire LGBT Legislative Caucus and Senate President Pro Tem Darrell Steinberg. It is sponsored by Equality California and supported by many other civil rights groups opposed to the November initiative. Assemblyman Tom Ammiano (D-San Francisco) has introduced an identical resolution, HR 5, in the Assembly.
“Proposition 8’s revision to the California Constitution violates key structural checks and balances built into our legal system,” said Senator Mark Leno. “Overnight, the constitutional protections of thousands of tax paying, law abiding California citizens were stripped from them by a simple majority vote, without a prior two-thirds vote by both houses of the legislature, thereby trampling on their fundamental right to equal protection,” he said.
Specifically, SR 7 memorializes the Legislature’s opposition to Proposition 8 because it is an improper revision of the California Constitution and was not enacted according to the procedures required by Article XVIII to the State Constitution. This Article mandates that a proposed revision of the California Constitution must originate in the California Legislature and be approved by a two-thirds vote of each house of the Legislature before being submitted to the voters.
The California Supreme Court has held in Livermore v. Waite and other subsequent decisions, that a revision is a substantial change to the “underlying principles” of the California Constitution or to the structure of our “basic governmental plan.” Proposition 8 changes the constitution to eliminate the fundamental right to marry for a particular minority group, and thereby violates the principle of equal protection and the separation of powers clause.
“Prop 8 eliminates the fundamental right to marry from same-sex couples and allows a slim majority to take away the equal protections of a single minority group, which violates one of the fundamental and founding principles of our Constitution,” said EQCA Executive Director Geoff Kors. “That type of unprecedented change to the Constitution puts the rights of all Californians at risk, and it’s critical in our system of checks and balances that the Legislature weigh in on such fundamental revisions to the Constitution.”
“The framers of our state’s constitution outlined distinct procedures to follow when enacting a revision to our state’s highest legal document,” said Leno. “These procedures are the rule of law, and must be followed when we’re talking about human beings’ fundamental rights.”
SR 7 and HR 5 will be heard in Committee and on their respective floors when the Legislature reconvenes in early 2009.
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