Judiciary Committee Passes Resolution Opposing Prop 8

JUDICIARY COMMITTEE PASSES RESOLUTION OPPOSING PROP 8

Ammiano Measure Supports Equal Rights

Sacramento, CA - Today the members of the Assembly Judiciary Committee passed House Resolution 5 (Ammiano, D-San Francisco) by a vote of 7 to 3, which resolves that the Assembly opposes the implementation of Prop 8. H.R. 5 states that Prop 8 is an improper revision of the California Constitution.

"I am proud of my colleagues and their unequivocal support of equal treatment for all Californians. This resolution speaks directly to the fundamental rights of same-sex couples to have equal protection under the Constitution, rights that cannot be taken away by popular vote. I am confident that the Assembly will support the repeal of Proposition 8 and confirm the basic rights of all Californians," said Assemblymember Tom Ammiano (D-San Francisco), author of HR 5.

Dolores Huerta, co-founder of the United Farm Workers union, added "The Legislature again affirmed the rights of the minority to have equal protection under the Constitution. If Prop 8 is upheld, it would have a devastating effect on the hard won rights for women, minorities, and the disabled. We look to the court to extend equal protections of the law to all as the Legislature had done with the passage of the Religious Freedom and Civil Marriage Protection Act."

The resolution points out that a revision is a substantial change to the underlying principles of the California Constitution, or to the structure of California's basic governmental plan. As a result, pursuant to the California Constitution, the Legislature must initiate a change of this magnitude; it cannot be accomplished through the initiative process.

A similar measure, Senate Resolution 7, has been introduced by Senator Mark Leno (D-San Francisco). That measure resolves that the California State Senate also oppose Prop 8 on constitutional grounds. It will be heard in the Senate Judiciary Committee soon.

The California Supreme Court will hear oral arguments on the legality of the state's gay marriage ban on March 5. On January 15, sixty-five current and former state legislators, including Assembly Speaker Karen Bass and Senate President pro Tem Darrell Steinberg, filed a friend of the court brief seeking to invalidate Proposition 8 because it circumvents basic protections required by our Constitution and eliminates a fundamental right for a minority of Californians.