The gay marriage controversy in California continues this week. The California state Senate approved a resolution Monday calling Proposition 8, the ban on same-sex marriage an improper revision of the Constitution because it failed to carry the approval of the state Legislature. The Senate essentially declared that the initiative was a fundamental revision to the California Constitution as opposed to merely an amendment. A revision of the state Constitution requires a two-thirds vote of both houses to put it on the ballot.

This weighing-in by the legislature was predicted last month at a meeting of the Family Law Section San Fernando Valley Bar Association during a seminar entitled “After Proposition 8, Now What?” The seminar was presented by Los Angeles Superior Court Family Law Judge Harvey Silberman and attorneys Diane Goodman and Roberta Bennett. The timing of the Legislature in approving the resolution and declaring Proposition 8 an improper revision appears to be calculated to send a clear message to the California Supreme Court. The California Court is preparing to hear oral arguments Thursday on whether the Proposition 8 amendment passed narrowly by voters last November banning same-sex marriage should stand. The California Supreme Court will have ninety days from Thursday to render its decision. For a related article on the history of same sex marriage in California see “Same Sex Marriage in California” by Feinberg & Waller attorney Veronika Melamed by clicking HERE.