CALIF. ASSEMBLY JUDICIARY COMMITTEE APPROVES RESOLUTION OPPOSING PROP 8

California Political Desk
Feuer Voices Support for Equal Rights.

Sacramento – The California Assembly Judiciary Committee yesterday approved House Resolution 5 (Ammiano) opposing the implementation of Prop 8. H.R. 5 states that Prop 8 is an improper revision, as opposed to an amendment, of the California Constitution.

"Today, I am proud to join my colleagues in speaking out on the key civil rights issue of this generation. California´s most cherished principle – equal treatment under the law, which includes the right to marry – must remain enshrined in the California Constitution," said Assemblymember Mike Feuer (D-Los Angeles), Chair of the Judiciary Committee. "If a simple majority vote is allowed to strip away rights from a group of individuals, no one´s fundamental rights are safe."

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.

"This resolution speaks directly to the fundamental rights of same-sex couples to have equal protection under the Constitution. We are asking the California State Legislature to go on the record to not only support the repeal of Proposition 8 but to also support the basic rights of all Californians," said Assemblymember Tom Ammiano (D-San Francisco), author of H.R. 5.

The Assembly Judiciary Committee approved H.R. 5 on a vote of 7-3. The measure will now be transmitted to the Assembly Floor for approval. 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 at a later date.


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. The legislators contend that "it improperly seeks to make far-reaching changes to our system of government and its underlying principles without first having undergone the constitutionally-required scrutiny of legislative debate, deliberation and approval."

The California Supreme Court will hear arguments in the Prop 8 litigation on March 5 to stay its enforcement.

Assemblymember Mike Feuer was elected to the California State Assembly to represent the 42nd Assembly District, which includes all or part of the Los Angeles communities of Sherman Oaks, Studio City, North Hollywood, Valley Glen, Valley Village, Toluca Lake, Universal City, Griffith Park, Brentwood, Bel Air, Holmby Hills, Beverly Glen, Westwood, Century City, Hollywood, Fairfax, Hancock Park, Los Feliz, as well as the Cities of Beverly Hills and West Hollywood.
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