Opponents contend that a ban on gay marriage can only be done by a revision of the state Constitution involving the Legislature. The Prop. 8 campaign leader calls the effort 'a Hail Mary.'
Forty-three Democratic legislators, including leaders of the California Senate and Assembly, filed a brief Monday urging the California Supreme Court to void Proposition 8.
No Republican legislator signed the petition, though Gov. Arnold Schwarzenegger, a Republican, denounced the anti-gay marriage measure over the weekend.
Tuesday, November 11, 2008
Democratic legislators ask state Supreme Court to void Prop. 8
Excerpts from an article by Dan Morain in the Los Angeles Times
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The Prop. 8 campaign leader calls the effort 'a Hail Mary.'
That is an understatement.
A similar argument was attempted to declare a voter initiative that reinstated the death penalty.
The California Supreme Court had ruled that the death penalty is cruel and unusual punishment in the case of California v. Anderson .
Voters passed an initiative that declared the death penalty to be constitutional and not cruel and unusual punishment.
In People v. Frierson , one of the questions before the court was whether the initiative constituted a revision.
The Court ruled it did not.
And it was the Rose Bird court that ruled so, a Court that had a reputation for overturning death sentences. (It did overturn the death sentence in Frierson , though it did not rule the death penalty unconstitutional.)
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