http://www.pe.com/ap_news/California/CA_Gay_Marriage_Legislature_386037C.shtmlTHIS IS NOT THE FULL HOUSE YET, but the Assembly Judiciary Committee voted 7-3 in favor
The Associated Press
SACRAMENTO
A legislative committee on Tuesday endorsed legal efforts to overturn California's voter-approved ban on same-sex marriage, as gay rights activists worked the halls of the Capitol to try to get the full Legislature on record as opposing Proposition 8.
After hearing conflicting and often emotional testimony about who deserves the last say on the marriage question, the Assembly Judiciary Committee voted 7-3 in favor of a resolution stating that citizens lacked the authority to put the gay marriage ban directly to voters.
Supporters of the resolution, authored by Assemblyman Tom Ammiano, D-San Francisco, said that because the November measure stripped same-sex couples of a right they already enjoyed, it should have been up to the Legislature to decide whether to submit it to a popular vote. That is the process California has for making significant changes to the state Constitution.
"Some rights are so fundamental in our federal and state Constitution, we don't allow them to be changed by a simple majority vote," said Assemblyman Dave Jones, D-Sacramento, who voted in favor of the resolution, adding that interracial marriages would have remained illegal for decades if left to public opinion instead of the courts.
Proposition 8 passed with 52 percent of the vote in November. By amending the state Constitution, it overturned the California Supreme Court decision last year that legalized same-sex marriage.