Senate censures gay-marriage ban

Just days before the matter is to be taken up by California’s Supreme Court, the state Senate approved a resolution Monday calling Proposition 8, the ban on same-sex marriage, an improper revision of the Constitution because it was not approved by the Legislature.

Sen. Mark Leno (D-San Francisco) said the initiative is a fundamental revision to the document, not an amendment, and therefore requires deliberation by the Legislature and a two-thirds vote of both houses to put it on the ballot.

“Do we have a constitutional democracy in California, or do we have mob rule?” Leno asked his colleagues before the 18-14 vote approved the resolution.

The state Supreme Court is scheduled to take up a legal challenge to the ballot measure Thursday.

Republican senators said the resolution was an inappropriate attempt by the Legislature to influence the courts.