California court mulling validity of gay marriage ban

Sacramento BeeNovember 11, 2008 

The California Supreme Court could rule as early as this week on a lawsuit that seeks to invalidate Proposition 8, court spokeswoman Lynn Holton said Monday.

Meanwhile, more than 40 Democratic state legislators filed a friend of the court brief on behalf of opponents of the gay marriage ban approved last week by California voters.

The lawmakers -- including Assembly Speaker Karen Bass, Senate President pro Tem Don Perata and incoming Senate President pro Tem Darrell Steinberg -- maintain the initiative process was improperly used.

They say only the Legislature can place a measure before voters that radically revises the California Constitution.

That's the same argument the ACLU and gay rights groups are making in their lawsuit, which also contends the constitutional amendment would undo the constitution's commitment to equality for everyone.

Supporters of Proposition 8 have called the lawsuit "frivolous" and "an insult to voters."

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