State Assembly Votes Yes on HR5 - A Resolution Opposing Prop 8

Another victory along the way.

The Assembly Judiciary Committee today passed HR5 (Ammiano D - San Francisco) with a vote of 7 to 3. HR5 states that Prop 8 is unconstitutional and urges the Supreme Court of California to overturn Prop 8.

By issuing the resolution the Assembly will officially express its opposition to Proposition 8, calling for its repeal, and stating that it was an "improper revision" to the state constitution.

This follows a day of protest at the Sacramento State Capitol and Lobby Day, where over 2,000 lgbt activists from around the state and around the country descended on the Capitol to lobby for HR 5 and SR 7.

"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.

This is all leading up to the Supreme Court hearing arguments to overturn Prop 8 on March 5 (my birthday). We'll have to wait a few months before their decision.

Here are some highlights from HR5

WHEREAS, Proposition 8 would substantially alter our basic
governmental plan by eliminating equal protection as a structural
check on the exercise of majority power and by permitting majorities
to force groups defined by suspect classifications to fight to
protect their fundamental rights under the California Constitution at
every election; and
WHEREAS, Proposition 8 would violate the separation of powers
doctrine by stripping the courts of their core, constitutionally
mandated function and traditional authority to enforce equal
protection to prevent government discrimination against minority
groups and the selective denial of fundamental rights on suspect
bases; and
WHEREAS, Proposition 8 would also violate the separation of powers
doctrine by intruding on the vital role of the Legislature in
vetting revisions to the California Constitution and by sidestepping
the constitutionally required rigors of the legislative process; now,
therefore, be it
Resolved by the Assembly of the State of California, That the
Assembly opposes Proposition 8 because it is an improper revision,
not an amendment, of the California Constitution and was not enacted
according to the procedures required by Article XVIII of the
California Constitution; and be it further
Resolved, That the Chief Clerk of the Assembly transmit copies of
this resolution to the author for appropriate distribution.