Both houses of the state Legislature have passed resolutions stating that California residents did not have authority to put the gay marriage ban on last year's ballot.
The resolutions passed Monday largely along party lines - 18-14 in the Senate and 44-27 in the Assembly. The action came days before legal arguments will be heard in the California Supreme Court.
The gay marriage ban passed with 52 percent of the vote in November.
Opponents say it should not have been placed on the ballot through the initiative process. They say it represents a revision to the state Constitution because it stripped away existing rights and argue that only the Legislature can place such revisions before voters.
Supporters of the ban say it is a constitutional amendment and was properly placed on the ballot.
