California Legislature Violates Separation of Powers, Passes Anti-Prop 8 Resolutions


This update just came screaming down the wires from Karen England at the Capitol….

California Legislature Violates Separation of Powers, Passes Anti-Prop 8 Resolutions

Moments ago the Assembly and Senate passed resolutions stating their opposition to Proposition 8.

Both houses of the state legislature are trying to go on record opposing Proposition 8 prior to the California Supreme Court‘s hearing of the lawsuits against Proposition 8 on Thursday. In lengthy floor debates, Democrats passed HR 5 (Ammiano) and SR 7 (Leno), which express the opinion of the legislature that Proposition 8 was an unconstitutional revision and must be ruled invalid. However, the legislature’s passage of HR 5 and SR 7 violates the separation of powers doctrine which clearly instructs the legislature to refrain from influencing the judicial process, particularly pending legal cases.

Many Democrats rose to speak out against Proposition 8, even those from districts that clearly voted in favor of Proposition 8. “How arrogant for these lawmakers to express their personal opposition to Proposition 8 and try to persuade the court when their constituents voted in favor of traditional marriage,” stated Karen England, executive director of Capitol Resource Institute.

Assemblyman Van Tran eloquently pointed out that HR 5 is an attempt to “retroactively disenfranchise the votes of over 7 million voters” who passed Proposition 8. He explained that HR 5 is also an “illegal ex parte communication with the court.” Tran went on to chastise the Democrats for seeking to unduly influence the judicial review of Proposition 8 after the people had voted, and the legislature is politicizing the judicial process just a few days before the hearing.

Republican assemblymen Chuck DeVore, Ted Gaines, Joel Anderson, Steve Knight, Mike Villines and Dan Logue all rose to speak out against HR 5 and affirm the people’s right to pass Proposition 8.

Joel Anderson called on this fellow lawmakers to refrain from interpreting the law in the legislature, leaving that constitutional duty to the judicial branch.



  1. Chairm said,

    March 2, 2009 at 10:48 pm

    They sure moved fast.

    Have they released the vote tally — for, against, abstain?

  2. rubyeliot said,

    March 2, 2009 at 11:09 pm

    This is shameful. The state is going bankrupt. And yet! Our democrat legislators think it’s more important to influence the courts against the vote of the people.

    So awesome.

  3. beetlebabee said,

    March 2, 2009 at 11:22 pm

    I haven’t seen the vote tally yet. I’ll keep my eyes peeled for it though. I want to see these guys hung out to dry. Some of their districts voted overwhelmingly for prop 8. I wonder how it’ll go when it’s time to face the music with the voters.

  4. mommyspy said,

    March 3, 2009 at 1:25 am

    I wonder if voters will remember in the next election?

  5. Jesus Loves You said,

    March 3, 2009 at 1:52 am

    It breaks my heart to know that this is happening. I have done everything I know to do. I have sent postal letters to the California Supreme Court in support of Proposition 8. I have responded to action alerts and sent emails to politicians. And every night, I prayed to God that these people’s hearts would be moved to do the right thing. And I’m sure there are many others like me who have done the same thing. Our only hope now is to let go and let God. That’s what I’m doing now. I have complete faith in the Lord and I have to decided to put this matter in His hands and trust Him to do the right thing. God knows exactly what to do. He has a plan, and we must allow Him to put His plan into action. We are fallible, but God is perfect. He does not make mistakes. Of course, that does not mean that we should stop praying! Just the opposite. But our prayers should be different this time. We must let God know that we are tuning this matter over to Him and that we know He will do the right thing because He always does.

  6. Dan said,

    March 3, 2009 at 2:36 am

    I hope voters will remember, this government is out of control in so many ways and trying to exercise a tyrannical rule just pushes it way over the limit for me. People in this country need to get out of their chairs and start becoming aware of what’s happening to their freedoms while they’ve still got them.

  7. March 3, 2009 at 2:38 am

    This makes me so frustrated!!! What good is a vote when it’s just going to be ignored and circumvented by the courts? Why bother to have checks and balances when they’re going to be ignored? I swear, between this issue and so much of what Obama et. al. are up to, I feel like we’re teetering on the brink of another civil war. At what point do we keep sitting back and let our rights get trampled? What options do we have when all of the proper channels built into this blessed nation fail us?

    I’m not calling for a revolution here. ;) It just feels so… hopeless. Powerless. Frustrating.

  8. beetlebabee said,

    March 3, 2009 at 2:50 am

    Well, revolution is what it might take. When you have all three branches of government turning against the people….that’s pretty serious stuff. We’ll see what the judiciary does, if they do the same twisting reaching law making they did last time, we’ll have to use every means necessary within the process to remove them from the bench. That goes for the Legislators and the Governor as well. I don’t know about you, but there’s no way I’m ever going to feel at ease in my trust of the government like I did before. The trust has been broken, and like a mom’s sixth sense for trouble, I’m going to be looking around every time it gets too quiet wondering what they’re up to. No Good!

    All these people are showing their colors, I’m watching and I’m going to remember.

  9. Chairm said,

    March 3, 2009 at 2:54 am

    This vote of the Assembly and Senate does not decide the fate of marriage.

    But we should work hard so that it decides the fate of enough elected representatives that the message is heard loud and clear.

  10. beetlebabee said,

    March 3, 2009 at 5:17 am

    Yes, there was a so called “study” that some anti marriage activists were touting a few weeks ago showing that going against traditional values actually enhances your career prospects in public office. We can’t let that be true. We need to make sure these representatives feel the consequences at the ballot box. This is no time to turn the other cheek.

  11. Dave Crea said,

    March 4, 2009 at 1:43 am

    Most of government leaders appear to be corrupt. I’d say about 90% of the leaders of our country if put in a position where they had to choose between

    1) What the people wanted
    2) Something that would have a neutral or slightly deleterious effect on the people’s rights, but would advance their career

    About 90% of them would choose the second option to advance their career at the expense of the people.

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