12/02/2008
California Lawmakers to Introduce Resolutions to Repeal Prop 8
A press conference is being held at this hour to announce the introduction of resolutions to repeal Proposition 8 in the California legislature.
From Equality California:
"On the second day of the new 2009-10 legislative session, lawmakers in both the Senate and Assembly will introduce resolutions that support the repeal of Proposition 8. Senator Mark Leno, D-San Francisco and Assemblymember Tom Ammiano, D-San Francisco, will introduce measures specify that Prop 8 is an improper revision of the California Constitution. Significant revisions to the Constitution mandate distinct procedures and require a two-thirds vote of each house of the Legislature before going to voters. Both resolutions are sponsored by Equality California and were drafted by EQCA and the National Center for Lesbian Rights, plaintiff and lead counsel, respectively, in the marriage case brought before the California Supreme Court.... Leno’s Senate Resolution 7 and Ammiano’s Assembly Resolution (number to be assigned) specify that significant revisions to the Constitution mandate distinct procedures and require a two-thirds vote of each house of the Legislature before going to voters. The resolutions are co-authored by Sen. Christine Kehoe and Assemblymember John A. Perez, both members of the LGBT Legislative Caucus, and Senate Pro Tem Speaker Darrell Steinberg."
Posted 12:55 PM EST by Andy Towle in California, Gay Marriage, Mark Leno, News, Proposition 8, Tom Ammiano | Permalink
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What exactly does that mean? What is a resolution in this context? Who are the recipients of this resolution? What does this do to the trials on March that are scheduled to be heard by the Supreme Court?
Posted by: dbzeag | Dec 2, 2008 1:33:11 PM
Let’s see the Governor pussy out on this one. Gay panic Arnold will never sign this bill into law. It might rise questions about his sexuality from his Republican pals.
Posted by: ggreen | Dec 2, 2008 1:38:24 PM
Dbzeag:
1. It means the Legislature will go on record opposing what it considers an improper infringement upon the separation of powers.
2. Resolutions are different from regular legislation. They're used primarily to express an opinion rather than enshrine anything into law. Since they're non-binding, they do not require the approval of the executive.
3. Once approved by both the House (Assembly) and Senate, the resolution will be "published" by the state registrar. And therefore, it is formally addressed to the entire state. However, the content is obviously aimed at the Supreme Court.
4. Again, resolutions are non-binding upon the Supreme Court. Since the Legislature isn't empowered to interpret the constitution, any pronouncement it makes on the constitutionality of a ballot measure is merely symbolic.
GGreen:
See (2). Arnold won't have to do anything with it, since it isn't a "bill" per se. It is a "resolution."
Posted by: John in CA | Dec 2, 2008 2:02:50 PM
As a resolution, this doesn't have the force of law and does not need to be signed by the governor. Instead, it represents a public statement by the legislature, presumably to influence the Supreme Court as it decides the issue.
Posted by: Brian | Dec 2, 2008 2:11:47 PM
Proposition 8 WILL be overturned, trust me on this one. How, I don't know, but it WILL happen.
Posted by: FunMe | Dec 3, 2008 5:35:03 PM