By Kathleen Gilbert

SACRAMENTO, California, November 12, 2008 ( – 43 Democratic legislators in both of California’s legislative houses, including the leaders of the Senate and Assembly, filed a brief requesting that state Supreme Court judges void Proposition 8. 

Assembly Speaker Karen Bass, Senate President Pro Tem Don Perata and incoming President Pro Tem Darrell Steinberg were among the signers of the friend of the court brief, which included a little over a third of the state’s 120 legislators.  None of the petitioners were Republicans.

According to the LA Times, the lawmakers’ brief described the 500,000-vote margin as a “bare majority” that was “compromising the enduring constitutional promise of equal protection under the law.”

“Proposition 8 seeks to effect a monumental revision of this foundational principle and constitutional structure by allowing a bare majority of voters to eliminate a fundamental right of a constitutionally protected minority group.

“If Proposition 8 takes effect, this court will no longer be the final arbiter of the rights of minorities,” states the brief.

Supreme Court spokeswoman Lynn Holton said the court plans to act quickly on the anti-Proposition 8 legislation, and may reach a decision as early as this week.

The three lawsuits challenging Proposition 8 were launched immediately after the November 4 passage of Proposition 8, which inserted the true definition of marriage into California’s constitution. 

Legal experts say opponents’ claims that Proposition 8 is an illegal revision of the constitution, rather than an amendment, are not likely to hold water.

According to a Union-Tribune column, recall election expert Ted Costa voiced concerns that, despite the legality of Prop. 8, the four Supreme Court judges originally responsible for legalizing same-sex “marriage” earlier this year may again side with homosexualist lobbyists and void the amendment.  In that case, said Costa, Proposition 8 supporters are likely to call for a recall vote to remove the judges. 

See related coverage:

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Same-Sex “Marriage” Supporters Furious at California Loss: Lawsuits Filed Challenging Proposition 8