SAN FRANCISCO (KCBS/AP) -- The leaders of the California Senate and Assembly are among the 44 lawmakers now supporting one of the suits that seeks to invalidate the ban on same-sex marriage passed by voters one week ago.
The friend of the court briefing filed by the legislators Monday argues that fundamental changes to the state constitution cannot be made through a voter-approved initiative.
KCBS' Janice Wright reports
The suit would delay the implementation of Proposition 8 so that gay and lesbian couples can continue to marry while the court considers the legality of the amendment.
Peter Keane, a professor at Golden Gate University School of Law, said among the most important issues for the justice to consider is whether the ban violates the equal protection clause in the 14th amendment of the U.S. Constitution.
“That was never raised and that was never litigated, so that’s still an open question,” he told KCBS reporter Janice Wright.
A group that sought to put an initiative on the ballot to eliminate domestic partner benefits, the Campaign for California Families, has asked the court to join the case as a defendant, citing concern that the California Attorney General’s Office would not vigorously defend the rights of voters.
Three lawsuits are challenging the proposition’s validity. It defines marriage in California as a union between one man and one woman.
(jro)
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