43 California
Legislators Back Prop. 8 Being Overturned

More than 40 California legislators have signed a friend-of-the-court brief urging the state supreme court to overturn Proposition 8, which passed among voters last week to ban same-sex marriage.

The brief supports a petition, arguing that a simple majority of voters (in this case 52% on November 4) cannot be used to make a major change to the state constitution, according to the Sacramento Bee.

Since Election Day, three governmental units -- Los Angeles, San Francisco, and Santa Clara County -- and six couples have filed suit asking the court to overturn Proposition 8, according to The Recorder, a legal newspaper.

The state assembly and senate both approved measures to recognize same-sex marriage in 2005 and 2007, but Gov. Arnold Schwarzenegger vetoed the bills both times. In his 2007 veto message, Schwarzenegger said he preferred the courts to decide whether banning same-sex marriage was unconstitutional. He now says he supports movements to fight the ban. (Michelle Garcia, The Advocate)