State Legislature Opposes Prop 8, Says it's an Improper Revision of State Constitution

Both the California state Assembly and Senate today voted in support HR5, which "challenges the legality of Proposition 8, the voter-approved initiative that declares that marriage is defined as between only a man and a woman," reported the Sacramento Bee.

But what does that mean for Prop 8, which was passed in November banning gay marriage in the state?

"As a non-binding resolution with no force of law, HR5 does nothing except further politicize this process a few days before the court hearing," said Republican Garden Grove Assemblyman Van Tran. On Thursday, the state Supreme Court will hear arguments regarding the legality of the proposition.

At issue is that the majority of lawmakers believe Prop 8 is not a voter-enacted amendment, but rather a revision, which requires the Legislature to approve it by a two-thirds vote.

"Proposition 8's revision to the California Constitution violated key structural checks and balances in the state's legal system when it was approved by a slim majority of voters last November," said Senator Mark Leno (D-San Francisco), who is openly gay. "If Proposition 8 stands, we would be setting a dangerous precedent in California that allows a majority of the people to deny equal protection under the law to a minority of Californians."