Just days before a historic state Supreme Court hearing on Proposition 8, the Legislature approved a resolution Monday declaring that voters alone did not have the right to adopt the gay-marriage ban.
The nonbinding resolution contends that Proposition 8 – which defines marriage as between only a man and a woman – was an improper revision of the state constitution. Sweeping revisions can only be adopted, the resolution says, if they originate in the Legislature, gain two-thirds approval in that body and then win approval by voters.
The resolution also states that Proposition 8, which voters approved in November, oversteps the authority of the courts to enforce equal protection and prevent government discrimination.
"We're talking about a radical revision to our constitution," said Sen. Mark Leno, D-San Francisco, an openly gay member of the Legislature who sponsored the resolution.
"Do we have a constitutional democracy in California," Leno asked, "or do we have mob rule, where a majority of Californians can change the constitution at any time?"
Sen. George Runner, R-Lancaster, spoke against the resolution, telling Leno: "I understand you think I just don't get it."
Runner said the debate over Proposition 8 involves "core values," and that he feels he must respect that Californians "have spoken" by voting twice to block gay marriage.
"They spoke from their hearts, from their minds," Runner said.
On Thursday the state Supreme Court will hear dueling oral arguments on Proposition 8. State Attorney General Jerry Brown's office will argue that the measure violates an "inalienable right of liberty" in the state constitution.
The state high court ruled last year in favor of the right of gays to marry, sparking a drive to pass Proposition 8.
On Tuesday, Leno and other legislators will join movie star Sean Penn in San Francisco to announce a new push for adoption of a Harvey Milk Day bill. Penn won an Oscar last month for his portrayal of Milk in the film about the gay rights leader, who was assassinated by fellow San Francisco Supervisor Dan White in 1978.
Legislators split Monday along party lines, Democrats for and Republicans against. The resolution was approved 18 to 14 in the Senate and 45 to 27 in the Assembly.
In the Assembly, Joel Anderson, R-Alpine, said gay marriage was unfair to heterosexual married couples. "Stealing the term marriage from people (is) not a right," he said.
Sen. Rod Wright, D-Inglewood, spoke in his chamber in favor of the resolution, recalling that the U.S. Supreme Court and California legislators and voters all endorsed laws at one time barring interracial marriage and segregation policies.
"Just because we did it didn't make it right," he said.
Leno compared passage of Proposition 8 with public reaction in 1964 to a new state fair-housing law. Voters tried to reverse the law by approving an initiative that gave people a right to discriminate against racial minorities when renting or selling a home.
The state Supreme Court in 1966 struck down the initiative, which had been endorsed by aspiring gubernatorial candidate Ronald Reagan.
"These issues of discrimination clearly have their fashionable moments," Leno said, noting that Reagan later reversed his position.
Call The Bee's Susan Ferriss, (916) 321-1267.
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