Capitol Alert

Our story this morning on California Chief Justice Tani Cantil-Sakauye's complaints about the Assembly's process in approving Assembly Bill 1208 referenced a list of 16 statements from the floor debate she said were "meritless, false claims."

Cantil-Sakauye sent the list to Assembly Speaker John A. Pérez, and the Administrative Office of the Courts has published the list on its website. Read them here.

Click here to download video of Cantil-Sakauye's speech to presiding judges. Requires a Windows Media file player.

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A Republican assemblyman announced Thursday that he will propose a constitutional amendment to require a supermajority vote by the Legislature to pass budget bills and to require the state controller to withhold lawmakers' pay if an approved budget is not balanced.

The measure by Assemblyman Allan Mansoor, R-Costa Mesa, responds to a provision in voter-approved Proposition 25 that allows Democrats to pass a majority-vote budget needing no Republican support.

Proposition 25 also called for docking legislative pay when a budget is not passed by the June 15th deadline. But state Controller John Chiang sparked controversy last year when he withheld pay after concluding that the spending plan initially passed by lawmakers was not balanced.

Democratic legislative leaders, who contend that Chiang illegally intervened in legislative matters, filed suit last month asking a judge to decide whether the controller can punish lawmakers again this summer and in the future for budgets he deems unconstitutional.

Mansoor's constitutional amendment, if placed on the ballot by lawmakers and approved by voters, would settle the matter by requiring controller authority to dock pay until the Legislative Analyst's Office certifies that a budget is balanced.

The ballot measure also would make Republicans more relevant in budget negotiations by requiring a two-thirds supermajority in each legislative house to pass a spending plan. Currently, that would require two GOP votes apiece in the Senate and Assembly.

Because Republicans are vastly outnumbered in the Legislature, Mansoor's proposal will be dead on arrival unless he can win support from Democratic colleagues whose party powers would be reduced if the constitutional amendment were to become law.

Let the endorsements begin: The California Democratic Party votes this weekend on its official candidate picks for the June 5 primary.

The party's convention runs today through Sunday, with party Chairman John Burton and former White House aide Van Jones kicking things off tonight in San Diego. Come back to Capitol Alert during the weekend for full coverage.

Political junkies will be paying close watch to Saturday afternoon's endorsing caucuses for districts in which no candidate got enough votes at the pre-endorsement conference to get recommended outright. That would include the 31st Congressional District, where incumbents Howard Berman and Brad Sherman are slugging it out.

The rules are such that if two incumbents are running in the same district, a candidate will need a 60 percent vote in caucus to land an endorsement recommendation. Berman and Sherman are the only two incumbents running in the same district who will be considered by an endorsing caucus.

But wait, there's more. Incumbents who aren't facing another incumbent have a lower threshold to meet: 50 percent of the votes, plus one. That would include Assemblymen Richard Pan of Sacramento, who's running in the 9th Assembly District, and V. Manuel Pérez of Coachella, who's running in the 56th, neither of whom face caucus challengers.

Non-incumbents, meanwhile, need 60 percent to get a recommendation. That makes it a different story for the 50th Assembly District race, which is pitting incumbent Betsy Butler, who moved into the district, against challengers Torie Osborn and Richard Bloom.

You'll find the list of candidates eligible to participate in the endorsing caucuses here. Party officials have posted a memo explaining caucus details at this link.

This link will open up the official pre-endorsement list, which includes six legislative districts for which no endorsement recommendation was made. One of the orphans is the 8th Assembly District, an East Sacramento swing seat where Democrats Ken Cooley, Chris Parker and Larry Miles now face Republican contenders Barbara Ortega and Peter Tateishi.

Sen. Dianne Feinstein is speaking at Saturday's luncheon, as we've reported before, and Sen. Al Franken of Minnesota is talking to the Saturday dinner crowd. Gov. Jerry Brown and House Minority Leader Nancy Pelosi are among those speaking Saturday morning. Find more information at the party's website.

PET GROOMING: Sen. Juan Vargas, D-San Diego, is holding a presser at 11 a.m. at Nate's Point Dog Park in Balboa Park with pet groomers and pet owners to draw attention to his Senate Bill 969 (also called Lucy's Law, named for a dog) to regulate the pet grooming industry and to the San Diego County Board of Supervisors decision to oppose it.

CAKE AND CANDLES: Sen. Joel Anderson, R-Alpine, turns 52 on Saturday.

California Supreme Court Chief Justice Tani Cantil-Sakauye is delivering an aggressive message to members of the Assembly after the lower house narrowly passed a bill that would strip power from the state Judicial Council she controls.

In a 20-minute speech to the state's presiding judges in the days after the Jan. 30 vote on Assembly Bill 1208, a stern-faced Cantil-Sakauye said she was "greatly dismayed" at the "meritless, false claims" in the floor debate and the voting process in the Assembly.

Click here to download video of Cantil-Sakauye's speech. Requires a Windows Media file player.

"It's one thing to lose an argument based on merit," Cantil-Sakauye said, "it's another thing when the facts are not represented."

She said she expressed her displeasure after the vote in a phone conversation with Assembly Speaker John A. Pérez, who supported the bill.

She also said she was surprised that, with the bill in limbo and eight votes short of passing at 33-23, Pérez apparently helped round up the deciding votes for the 41-26 outcome.

"Because of my previous conversations with the speaker I thought for the most part then it would go away, because I understood that this bill would be up to each member to vote their conscience, that it wouldn't be the subject of political maneuvering...on the Assembly floor," Cantil-Sakauye said. "And that of course disturbs me, but I know our process is very different from the legislative process."

Pérez's office did not respond to requests for comment.

Cantil-Sakauye said the process "really called into question" the meaning of separation of powers. "That line has been and very well could be blurred based on the conduct and the involvement that occurred not only leading up to the bill, but how it squeaked out...of the Assembly. I don't know that anyone can stand tall after that process or claim a mandate after that process."

AB 1208 is pushed by a group of judges called the Alliance of California Judges and is backed by Service Employees International Union, representing courthouse employees.

The bill is stalled -- for now -- in the Senate. Cantil-Sakauye said she would continue pushing to kill the measure.

"That's my hill," she told the judges. "There are few hills as a judge. As you all know, we're neutral, we're objective, we're fact-finders. We left that persona (as advocates) behind a long time ago, but it is kind of funny how it comes back to you. Pretty quickly actually, about how when you're fighting for a value, or a principle you think threatens what you stand for, what you took an oath for."

PHOTO CREDIT: California Supreme Court Chief Justice Tani Cantil-Sakauye visits The Bee on Jan. 26, 2012. Paul Kitagaki Jr. / Sacramento Bee

Jody Patel, former executive officer of Sacramento Superior Court, was named interim administrative director today of California's court system.

Patel replaces Ronald G. Overholt, who resigned after serving in the post for about five months, as reported here.

Patel quickly announced that she has no plans to serve permanently. A nationwide search currently is under way to find a permanent administrative director.

Chief Justice Tani G. Cantil-Sakauye announced that the state Judicial Council had approved Patel's interim appointment.

Patel had been serving as regional administrative director of California's state court system. She was the executive officer of Sacramento Superior Court from 2001 to 2006.

Saying that his position has become a "lightning rod for controversy," Ronald G. Overholt resigned today as interim administrative director of California's court system.

Overholt's move comes as the court system's statewide decisions have come under increasing fire and a group of dissident judges is pushing Assembly Bill 1208 to grant local courts more control over spending.

Overholt, in a written statement, noted that courts have operated for the past three years in an "anxiety-generated climate" of fiscal crisis that has prompted ongoing budget reductions and internal reorganization efforts.

"My decision is based on a number of factors," Overholt said of his resignation.

"Among them is that the position of administrative director of the courts has become a lightning rod for controversy, impacting the focus on budget discussions, Judicial Council governance of the judicial branch, and the Administrative Office of the Courts itself."

California Supreme Court Chief Justice Tani G. Cantil-Sakauye called Overholt's decision "understandable but unfortunate."

Overholt's 30 years of service in court administration, including his stint as interim administrative director since September 2011, have been exemplary and his departure is a great loss to the state's judicial system, Cantil-Sakauye said.

"But we respect his judgment that a transition is necessary at this time for him and for the court system he has served so well," she said.

A new interim director will be selected while a national search continues for a permanent director.

Senate President Pro Tem Darrell Steinberg said today that a nonprofit group's decision to scrap a proposed ballot initiative targeting public employee pensions does not alter his commitment to tackle that issue.

"We are committed to getting pension reform done," the Sacramento Democrat said in a news conference.

Steinberg said he anticipated the question after the advocacy group, California Pension Reform, announced Wednesday that it was shutting down its effort to place a pension initiative before voters this year.

Steinberg said he is committed to passing pension reform before adoption of a state budget this year.

The Senate leader said he intends to address all 12 points of a pension overhaul proposed by Gov. Jerry Brown, but added, "That doesn't mean we're going to do every point in the way he suggests."

Gov. Jerry Brown will be making an appearance tonight as electric-car maker Tesla Motors unveils a new vehicle in Los Angeles County -- its Model X.

California's clean-car makers are among the state's economic bright spots. And as The Bee's Rick Daysog reported last month, the California Air Resources Board has voted unanimously to tighten emissions standards by mandating that one in every seven cars sold in the state in the year 2025 be an ultra-low- or zero-emission vehicle.

Brown is expected to speak around 8 p.m. at the premiere, held at Tesla's Los Angeles Design Studio in Hawthorne.

The Model X is a luxury SUV crossover, according to an article posted Wednesday by Investor's Business Daily, which says Tesla has been teaming up with Toyota and Daimler, with Toyota using a Tesla power train in an electric RAV4, and Daimler putting Tesla-designed battery systems in some of its vehicles.

"As essentially a tech startup ... Tesla is a rarity in the car world. How well it does over the long haul is tied to interest from larger automakers, electric-car adoption and the price of oil," the article says.

Back in Sacramento, Capitol denizens can instead contemplate the joys of beef noodle soup. Democratic Assemblyman Richard Pan of Sacramento and Sen. Leland Yee of San Francisco are hosting a cooking demonstration of the Taiwanese signature dish featuring the winner of the 2011 international competition in Taipei.

Chef Hou Chun-Sheng will give his take at Spataro restaurant on L Street across from the Capitol, starting at 2 p.m. Spataro's Randy Paragary will also be on hand, as well as members of the Sacramento chapter of the California Restaurant Association.

Hou has become a big deal in Taiwan, and his champion recipe incorporates a rich beef broth, tomato paste, fermented bean curd sauce, hot chile peppers, and a bag of herbs and spices including star anise, cinnamon sticks, dried orange peel, and some stuff Capitol Alert hasn't heard of.

The Senate and the Assembly have both set floor sessions at 9 a.m. Beef noodle soup is not on the agenda. Click here for more details on the Senate side, and click here for the Assembly.

The Peace and Freedom Party, meanwhile, is unhappy that Secretary of State Debra Bowen's office left two of its four candidates off the list of generally recognized candidates for the June 5 presidential primary. The California party chair, C.T. Weber, has called a presser at 10 a.m. at Bowen's office, 11th and O streets.

There could be good reason for the move, though. A Bowen spokeswoman told The Bee's Torey Van Oot on Wednesday that websites giving information about one of the omitted candidates, Peta Lindsay, indicated that she isn't old enough under the U.S. Constitution to be president. (For the record, a president must be at least 35 at the time of inauguration.)

CAMPAIGN WATCH: Senate Republican leader Bob Huff is hosting a fundraiser tonight at Power Balance Pavilion for his 29th Senate District re-election bid. Single tickets to watch from a private suite as the the Sacramento Kings play Oklahoma City Thunder run $2,000 each. If you're strapped for cash and still want to go, StubHub had more than 400 tickets available for the game as of Wednesday evening. Starting price: $15.

A coalition representing Northern and Central California contractors and union construction workers launched a radio campaign this week applauding the state's proposed high-speed rail system.

The group's 60-second spots, narrated by comedian Will Durst, are running at least twice daily -- during morning and evening commutes -- on six Sacramento and nine Bay Area radio stations.

The spot by the California Alliance for Jobs can be heard here.

The group's push to rally public opinion comes at a time when the planned high-speed rail system is coming under increasing criticism, sparking efforts to kill it in the wake of a state auditor's report that questions its financing and ridership projections.

The Legislative Analyst's Office raised concerns with Gov. Jerry Brown's higher education budget in a new report today, including his plans to tighten Cal Grant requirements and automatically increase funding if his tax plan passes.

After the state slashed its higher education spending by 21 percent during the recession, the Democratic governor has proposed 4 percent annual increases to the University of California, California State University and California Community Colleges for three fiscal years starting in 2013-14 -- but only if voters approve his plan to hike taxes on sales and wealthy earners. If voters reject the plan, the systems would lose state funding in 2012-13.

Brown made the 4 percent promise as a sweetener to his tax proposal, which he's trying to bill as a plan for funding education and public safety. The analyst's office recommended that lawmakers reject the 4 percent promise. Pledging to give automatic increases presents problems, the LAO said, because other parts of the budget could suffer, lawmakers would have little discretion if one higher education system needed more money than another, and the pledge ignores enrollment and inflation, among other reasons.

Department of Finance spokesman H.D. Palmer said the governor wants to give the education systems "a level of stability and predictability."

The analyst's office also raised questions with Brown's plan to increase grade-point average requirements to receive Cal Grant awards.

Sacramento-area flood control projects will be embellished with more than $8 million in new federal funds, the Army Corps of Engineers announced Wednesday.

The Folsom Dam Joint Federal Project will receive $7.42 million, and the Folsom Dam Raise project will receive $720,000. In both cases, the money comes from a Corps of Engineers' "reserve fund" established by Congress late last year. Unlike the old congressional earmarks, the reserve fund was set up to be distributed competitively.

The Folsom Dam projects are designed to provide 200-year flood protection for much of Sacramento.

Actor and director Rob Reiner is in town: He'll be honored today at the joint conference of First 5 California and the Water Cooler branch of civil rights lawyer Molly Munger's Advancement Project.

Reiner backed the ballot measure that set up First 5 and was its first commission chairman. Other listed speakers include former California first lady Maria Shriver's brother, Mark Shriver, who is senior vice president of U.S. programs at the nonprofit Save the Children.

Munger, fresh off her talk earlier this week before the California State PTA about her tax ballot proposal, will be featured Thursday at the two-day conference. She'll be moderating a panel titled "Getting Real About Revenue: Can 2012 Be the Year?"

She won't be getting any help from Democratic Sen. Ted Lieu of Torrance. He was burning up the Twitterverse on Tuesday, imploring advocates of tax ballot measures to consolidate support behind Gov. Jerry Brown's proposal to avoid having all of them go down in flames.

Lieu quoted a tweet at one point from Republican consultant Matt Rexroad, who'd written, "Molly Munger may be the best thing to happen to those of us that want to defeat tax increases."

"Thx for validating the truth," Lieu tweeted back.

Lieu even got a shout-out from former California Republican Party chairman Ron Nehring, who tweeted, ".@TedLieu and I don't agree on much, except this: more tax hikes on ballot, more likely all fail. #Bipartisanship."

The First 5 conference is being held at the Sheraton Grand Sacramento at 14th and J streets. Click here to read more, and find the agenda at this link. Learn more about the Advancement Project, where Munger is president and co-director, here.

U.S. Transportation Secretary Ray LaHood, meanwhile, is making an appearance in Sacramento at 1:30 p.m. today at the Siemens rail car manufacturing plant out on French Road. LaHood will be talking up President Barack Obama's commitment to rail as well as the creation of quality manufacturing jobs.

And Lt. Gov. Gavin Newsom is set to appear with San Francisco Mayor Ed Lee to announce a "green taxi milestone" in that city, according to a news release. The 10 a.m. presser will be, appropriately enough, at the Yellow Cab Co-Op, 1200 Mississippi St.

A fifth candidate has entered the race for a vacant East Sacramento County seat in the California Assembly.

Sacramento Republican Barbara Ortega announced today that she will run to represent the 8th Assembly District, a swing seat that is expected to be a top legislative target this year.

Ortega, who currently owns a Sacramento business consulting and marketing firm called POW Group, said in a statement that she hopes to "bring my business experience and know-how to the Assembly so we can actually get things done to provide relief for California." Her resume includes stints as director and vice president of the California Manufacturers & Technology Association and director of legislative affairs at the the United States Chamber of Commerce.

Her campaign consultant, Dave Gilliard, said she is filing the paperwork to start raising money for her race this week.

The race has become more crowded since Democratic Assemblywoman Alyson Huber decided not to run for re-election after her home was drawn into a new GOP-leaning district.

Three Democrats -- Franchise Tax board attorney Chris Parker, Rancho Cordova Councilman Ken Cooley and San Juan Unified School District Board Member Larry Miles -- and Republican Peter Tateishi, who works for GOP Rep. Dan Lungren, have also announced plans to run for the seat.

The fight over California's same-sex marriage ban has been presumed for years to be destined for the U.S. Supreme Court, and a lawyer for Proposition 8 backers confirmed today that they'll appeal this morning's decision "one way or the other."

But when the 9th U.S. Circuit Court of Appeals ruled this morning that the ban is unconstitutional, its reasoning focused so narrowly on Proposition 8 that a lawyer for same-sex marriage proponents suggested the Supreme Court might be less inclined to take up the case.

"The grounds for the opinion, in my view, do make it somewhat less likely that the Supreme Court will take it," said the lawyer, David Boies.

Unlike in many other states, gay and lesbian people could wed in California for a brief period before Proposition 8's passage in 2008. The appeals court ruled that California erred in stripping them of a right they previously enjoyed. It did not consider the broader question of whether gay and lesbian couples may ever be denied the right to wed.

Boies said the Supreme Court might elect to "wait for a case that would raise the more general issue." But Ted Olson, also a lawyer for gay-marriage proponents, said it may be "very difficult" for the Supreme Court to ignore a case of such magnitude. The two lawyers have been planning for years for the case to wind up in the Supreme Court, as have lawyers working with Proposition 8 proponents.

Backers of the same-sex marriage ban said today that they have not yet decided whether to appeal directly to the Supreme Court or request a review by a larger panel of the appeals court.

"Either way, one way or the other, the case will continue on," said Folsom lawyer Andy Pugno, the author of Proposition 8.

He said the focus of the court's ruling is unlikely to dissuade the Supreme Court from taking it, likely next year.

"This case is all about the rights of the voters to make a decision on an important public policy matter vs. one or two judges substituting their opinions for the will of the voters," Pugno said.

Former Republican Sen. Sam Aanestad has decided to enter the race for a vacant Northern California congressional seat, setting the stage for a same-party showdown with Republican Sen. Doug LaMalfa.

Aanestad's newly retained campaign spokesman, former California Republican Party Communications Director Mark Standriff, confirmed today that the former legislator will be a candidate in the 1st Congressional District.

Rep. Tom McClintock, R-Elk Grove, will be Aanestad's campaign chairman, Standriff said.

GOP Rep. Wally Herger, who now represents the area, announced last month that he will not run for re-election in the district, which runs from Yuba City to the Oregon border. Herger, of Chico, endorsed LaMalfa shortly after announcing his own retirement plans.

Aanestad told The Bee last month that he was considering a run for the seat. The 2010 lieutenant governor hopeful said the 12 years he spent representing the region in the state Legislature make him a good fit for the district.

"I already know most of the local issues of each of the areas and the people involved in the history," he said at the time. "It wouldn't be much of a learning process in terms of getting up to date on what the issues are for the district."

Standriff said Aanestad is unavailable to comment on his plans today due to patient appointments at his Grass Valley dental and oral surgery practice. He plans to make a formal campaign announcement tomorrow.

RELATED POSTS:
Former GOP Sen. Sam Aanestad considering run for Congress
LaMalfa 'moving forward' for Congress run after Herger announcement

PHOTO CREDIT: Then-Sen. Sam Aanestad, R-Penn Valley, listens to the debate in the California upper house on Friday, September 11, 2009. Hector Amezcua, Sacramento Bee.

Editor's note, 1:09 p.m.: This post has been updated to reflect that Rep. Tom McClintock will be former Sen. Sam Aanestad's campaign chairman, not his manager.

A Democratic political strategist and a former Democratic assemblyman will help lead opposition to a proposed ballot initiative that would reduce California's Legislature to part-time.

Political consultant Steve Maviglio, former spokesman for Assembly Speaker Fabian Núñez, said today that he has joined forces with Burbank attorney Dario Frommer, a former Assembly majority leader. Fundraising has not yet begun, Maviglio said.

The group will butt heads with Assemblywoman Shannon Grove, R-Bakersfield, and with Ted Costa, the head of a political watchdog group, over the duo's proposed constitutional amendment.

The secretary of state's office gave the green light Monday for proponents of the proposal to begin collecting the 807,615 valid voter signatures needed to qualify for the November ballot.

Backers hope to encourage the election of citizen legislators who have outside sources of income and are not so politically ambitious that they become overly dependent upon powerful special interests.

The measure calls for the nation's most populous state to meet three months per year -- and for lawmakers' pay to be cut from $7,940 per month to $1,500 per month -- or $18,000 annually.

The initiative also would require legislators to adopt a balanced, two-year budget by June 15 of each odd-numbered year -- and to forfeit salary and per diem for each day it is late.

Lawmakers would be barred from accepting state employment or appointment to a state post while serving in the Capitol or for five years afterward.

Maviglio said that a part-time Legislature would discourage many good candidates from running and would lead to a more corrupt Legislature, with many lawmakers having outside jobs that conflict with issues at the Capitol.

"You'd end up with more inexperienced legislators who lack the ability to tackle the state's major challenges," he said.

PHOTO CREDIT: The California state Capitol in Sacramento, Thursday, Dec. 25, 2008. Michael Allen Jones / Sacramento Bee file photo

It's not every day that a federal appeals court cites late comedian Groucho Marx in a decision, especially one as important as overturning California's anti-gay marriage Proposition 8.

But a three-member panel of the 9th U.S. Circuit Court of Appeals did exactly that Tuesday, citing Marx's quip that "marriage is a wonderful institution...but who wants to live in an institution?"

It was one of several cultural references (another was to the title of a Marilyn Monroe movie, "How to Marry a Millionaire") in the decision that was narrowly hinged on whether the state had the right to withdraw the right to marry once it had been extended, as it had been in California by a state Supreme Court decision.

The federal panel sidestepped whether gays and lesbians had a constitutional right to marry, saying, "We therefore need not and do not consider whether same-sex couples have a fundamental right to marry."

But it declared that the state's voters could not terminate that right, saying that violated the Constitution's equal protection clause.

The decision repeatedly cited a 1996 U.S. Supreme Court decision setting aside a Colorado ballot measure barring certain rights to homosexuals, and thus appeared to be aimed at influencing the author of that decision (Romer v. Evans), Anthony Kennedy.

It's widely believed that when California's Proposition 8 reaches the Supreme Court, Kennedy will hold the decisive vote since the other eight justices are evenly divided between liberals and conservatives and Kennedy is often the swing vote.

Presidential hopeful Newt Gingrich is bringing his campaign to California later this month.

The former House Speaker has agreed to speak during a Saturday luncheon at the state Republican Party convention, which runs from Feb. 24-26 in Burlingame.

CRP Chairman Tom Del Beccaro praised Gingrich as "one of the most dynamic figures in GOP politics over the last 50 years" in a statement, saying he will bring "energy and vision to the Convention during a critical election year."

Despite recent losses in Nevada and Florida, Gingrich has pledged to continue his campaign against rivals Mitt Romney, Rick Santorum and Ron Paul through the national nominating convention. Romney, the former Massachusetts governor, holds a lead in the delegate race as Republican voters in Colorado, Minnesota, Missouri make their picks today. The next contests will be held in Arizona and Michigan on the Tuesday following the CRP convention.

The party's prospects for attracting a presidential candidate had been uncertain given California's late primary date. Gingrich California Finance Chair Eric Beach said in a statement that the decision "illustrates the importance of California as a key Primary state this election cycle."

CRP spokeswoman Jennifer Kerns said the party has also reached out to other presidential contenders with speaking invitations, but has not heard confirmation either way from the other camps.

Presidential candidate and Texas Rep. Ron Paul and Minnesota Rep. and former presidential hopeful Michele Bachmann addressed delegates at the party's fall convention.

RELATED POSTS:
Pete Wilson endorses Mitt Romney, to serve as California chairman
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Top Rick Perry surrogate in California now backing Newt Gingrich
See all The Bee's Election 2012 coverage

PHOTO CREDIT: Republican presidential candidate, former House Speaker Newt Gingrich speaks at The River Church, Monday, Jan. 23, 2012, in Tampa, Fla. (AP Photo/Matt Rourke)

Prop 8

A federal appeals court today ruled California's same-sex marriage ban unconstitutional, upholding a federal judge's landmark ruling in a case likely destined for the U.S. Supreme Court.

The 2-1 decision, by a three-judge panel of the 9th U.S. Circuit Court of Appeals, is a major lift for gay-rights advocates in a nationally-watched case. The proponents of Proposition 8, the gay marriage ban voters approved in 2008, are expected to appeal.

"By using their initiative power to target a minority group and withdraw a right that it possessed, without a legitimate reason for doing so, the people of California violated the Equal Protection Clause," the majority wrote. "We hold Proposition 8 to be unconstitutional on this ground."

LIVE CHAT AT NOON: Dan Walters hosts live chat on the ruling

CAPITOL ALERT: Read the Proposition 8 decision

ELECTION 2012: Gay marriage returns to the political spotlight

BACK STORY: California's Proposition 8

WASHINGTON STATE: Senate approves bill to legalize gay marriage

NEW JERSEY: Governor fires a zinger in feud over gay marriage

The decision by the appeals court upholds the historic ruling by U.S. District Judge Vaughn R. Walker in 2010 that the ban violates gay people's equal protection and due process rights. The ruling has been stayed pending appeal.

The majority, in an opinion written by Judge Stephen Reinhardt, said it decided the case on "narrow grounds." It ruled the gay marriage ban unconstitutional because it stripped gay and lesbian people in California of a right they previously enjoyed.

"Proposition 8 serves no purpose, and has no effect, other than to lessen the status and human dignity of gays and lesbians in California, and to officially reclassify their relationships and families as inferior to those of opposite-sex couples," the ruling said.

The judges did not not consider the broader question of whether gay and lesbian couples may ever be denied the right to be married.

The panel that issued its decision this morning also ruled against a bid to dismiss Walker's ruling because the judge, who has since retired, did not disclose that he is gay and was in a long-term relationship.

The matter is unlikely to be resolved until it reaches the U.S. Supreme Court. The proponents of Proposition 8 could appeal directly to the Supreme Court or first request a review by a larger panel of the appeals court.

In a dissenting opinion, Judge N. Randy Smith said he was not convinced the state had no legitimate interest in Proposition 8, and he argued for judicial restraint when intervening in legislative enactments.

The ban's proponents, ProtectMarriage.com, carried the appeal forward after then-Gov. Arnold Schwarzenegger and then-Attorney General Jerry Brown, now governor, declined to defend the gay-marriage ban in court. The California Supreme Court ruled in November that proponents of ballot initiatives could defend the measures themselves in such cases.

The Susan G. Komen for the Cure foundation's efforts to diffuse controversy surrounding its funding dispute with Planned Parenthood hasn't improved the breast cancer charity's standing with the California Legislative Women's Caucus.

Sen. Noreen Evans, D-Santa Rosa, said Monday that the caucus has no plans to restore its partnership with Komen. She said the incident left lingering questions about "whether their highest priority is women's health care."

"Basically the fundamental problem is this incident politicized women's health care. And I don't believe that should be political football," Evans said in an interview.

Evans had announced last week that the caucus had decided to cancel its annual bake sale to raise money for the charity and pull sponsorship of a breast cancer awareness event that turns the Capitol dome pink each year in response to Komen's decision to cut breast cancer screening grants it had provided to Planned Parenthood affiliates.

Komen, which cited a congressional inquiry into Planned Parenthood as the reason for the decision, backed off its position after coming under fire from women's health advocates, Democratic lawmakers and others who said the move was sparked by pressure from anti-abortion groups. Komen Vice President for Public Policy Karen Handel, who supported cutting the funding, resigned in the wake of the controversy.

RELATED POSTS:
APNewsBreak: Komen exec quits after funding flap
California lawmakers cut ties with Komen over funding decision

PHOTO CREDIT: Naomi Gonzalez, left, and Elvia Castro, right, both of Salinas, leave a breast cancer awareness event at the Capitol after it was lighted pink during a day long of events at the Capitol's north steps on Monday, February 8, 2010. Hector Amezcua, Sacramento Bee.

Editor's Note: This post has been updated to remove reference to a fundraiser at Chops for Assemblyman Steven Bradford, D-Gardena. That event is Wednesday evening, not tonight. Updated at 9:38 a.m. Feb. 7, 2012.

By 10 a.m. today, a three-judge panel of the 9th U.S. Circuit Court of Appeals is expected to release its opinion on the constitutionality of Proposition 8, the measure California voters approved in 2008 banning same-sex marriage.

Torey Van Oot reports that we can expect an appeal to the U.S. Supreme Court.

The same panel ruled last week that videotapes of the trial would not be made public, noting that Federal District Judge Vaughn Walker had promised gay marriage opponents they would not be broadcast.

Find documents pertinent to the case here.

Lawmakers will largely be out of the Capitol much of the week, convening for "policy summits" with their caucuses. Jim Sanders reports:

Legislative policy committee meetings have been called off (Tuesday) and Wednesday so Democrats and Republicans can hold separate policy conferences before reconvening for floor sessions Thursday morning.

None of the policy summits - lawmakers bristle if you call them retreats - will be far. Senate Democrats will meet in Sacramento's Stanford Mansion, Assembly Democrats at UC Davis, Assembly Republicans at Raley Field, and Senate GOP members at Old Sacramento's Firehouse restaurant. All will last two days except that of Senate Republicans, who will finish by tonight.

Lawmakers say the sessions benefit constituents by honing caucus battle plans for the year, touching on issues ranging from the state budget to pensions, job creation, taxes, key legislation and 2012 ballot initiatives.

Costs are projected to be minimal, at most several thousand dollars, because none of the groups is leaving the area or staying in hotels.

DISABILITY RIGHTS: Political strategist Darry Sragow will keynote a legislative breakfast this morning sponsored by the State Independent LIving Council. The event, which begins at 8:30 a.m. in the Eureka Room in the Capitol basement, will include presentation of the Ed Roberts Disability Rights Pioneer Award to Assemblywoman Mariko Yamada and Sen. Leland Yee.

CASH COLLECTION: No fewer than five fundraisers are set for the Capitol area today, as Election Year activity begins in full force. Board of Equalization member state Sen. Tom Harman has a $1,500-a-head event to raise money for a future Board of Equalization bid set for Spataro at noon.

The rest start at 5:30 p.m., so you'll have to sprint between the "old governor's mansion" at 1400 N Street #9 (Assemblyman Henry T. Perea, D-Fresno),Tequila Museo Mayahuel (Assembly Republican leader Connie Conway), and the offices of Nossaman LLP at 915 L Street (Assemblyman Das Williams, D-Santa Barbara).

Editor's note: An earlier version of this post incorrectly identified state Sen. Tom Harman as a member of the Board of Equalization.

Molly Munger isn't backing down in her effort to qualify a ballot measure that would hike taxes to provide more money to schools and early education programs.

The wealthy civil rights attorney and education advocate, who has already put $800,000 of her own cash into a campaign committee for the initiative, said today that she's willing to bankroll the qualification campaign, an effort that can cost upwards of $2 million.

"We're going to get this on the ballot and we're going to win," she told reporters.

Munger outlined her proposal, which would raise an estimated $10 billion annually by increasing state income tax rates for most Californians, in a noon address to attendees of a Sacramento conference held by the Parent Teacher Association, which is backing her measure.

She framed her tax proposal, which would sunset after 12 years without reauthorization by voters, as the best way to make sure schools and other early education programs receive the funding they need to serve children throughout the state. The bulk of the tax dollars raised under her proposal would go directly to school districts and early childhood development programs, creating a revenue stream that would come on top of school funding levels dictated by Proposition 98. One version of the initiative language, which she said she is leaning toward pursuing, would use some of those revenues to repay bond debt for the first several years.

The proposal, which the campaign calls "Our Children, Our Future: Local Schools and Early Education Investment Act" is expected to be cleared for signature gathering next week.

Gov. Jerry Brown has sought to clear the field of several proposed tax measures vying for a spot on the 2012 ballot, a move he believes will increase the chance of passage of his own proposal to increase income and sales taxes for budget relief. Munger told reporters that while she has not spoken directly to the governor, her polling shows her measure can pass even with the other proposals in the picture

One of the Democratic governor's top political strategists took to Twitter to challenge that assertion Monday afternoon.

"When u have competing tax measures on the ballot, voters make choice. Likely result- all lose and children u claim to be protecting lose," adviser Steve Glazer tweeted.

Here is a video of Munger's remarks to Capitol reporters:

Gov. Jerry Brown built his budget on the hope of voters passing a multibillion-dollar tax hike in November, but the nonpartisan Legislative Analyst's Office raised questions about his treatment of education funding in a new report issued today.

The governor has said that if voters reject his tax hike on upper-income taxpayers and sales, schools would face mid-year cuts equal to eliminating three weeks of instruction.

The analyst's office said that in order to cut school funding that much, the governor would have to pursue "risky" budget maneuvers that raise serious policy questions. Beyond that, the analyst warned that districts will find it difficult to absorb a roughly 5 percent mid-year program cut and may need special ability to lay off teachers after the November vote.

Brown has political motivation to put education funding on the line in the November election - polls show voters list it as their top priority. While it is true that education takes roughly 40 percent of the state budget - and any revenue loss would thus have to fall partly on schools - the governor's plan may run into problems with the constitution and education groups.

Former California Gov. Pete Wilson endorsed GOP presidential front-runner Mitt Romney today and will serve as the candidate's honorary chairman in California, the Romney campaign announced
.

In a statement, Romney called Wilson "one of California's most accomplished leaders." Wilson, governor from 1991 to 1999, said Romney "is an enthusiastic believer in American exceptionalism and has been a spectacular example of it: Mitt has been a success in creating American private sector jobs, a success as the rescuer of the Salt Lake City Olympic games, and as a public chief executive as the Republican governor in the challenging environment of heavily Democratic Massachusetts."

Wilson critics immediately trashed the choice. Eliseo Medina, international secretary treasurer of the Service Employees International Union, said Romney's association with Wilson will hurt him with Latino voters.

"Mitt Romney can't leave well enough alone," Medina said in a statement. "Romney can't seem to stop himself from digging deeper and deeper into his hole with Latino voters. Here is what Pete Wilson accomplished: He turned Latino voters against the GOP brand."

Wilson championed Proposition 187 in 1994, a measure -- later overturned by the courts -- that restricted state services to undocumented immigrants.

PHOTO CREDIT: Former California Gov. Pete Wilson give a thumbs up while looking at his PDA during the start of the Republican National Convention in 2008. Brian Baer/The Sacramento Bee

California fiscal expert Jean Ross is leaving her 17-year post as executive director of the California Budget Project to work for the Ford Foundation in New York City, she announced today.

Ross has been a fixture in state budget debates over the years, often advocating for programs that serve California's low-income population such as Medi-Cal and CalWORKs. She testified last week at a hearing examining how recession-era budget cuts have hurt women in particular, in conjunction with the Budget Project's release of a new report on the same issue.

Ross will step down at the end of March to oversee various grant awards for the Ford Foundation that benefit nonprofit groups such as the California Budget Project, she said. Ross' boss will be none other than Maya Harris, sister of Attorney General Kamala Harris. Maya Harris is vice president of the foundation's "Democracy, Rights and Justice" program.

Ross has been executive director of the California Budget Project since its founding in 1995, a post she assumed after six years as a consultant to the Assembly Revenue and Taxation Committee.

After more than two decades of watching the Capitol's budget process, Ross said, "The positive thing is there is much broader participation than there used to be. If you go back to the olden days, you wouldn't see the breadth and depth of testimony at budget subcommittee hearings. The budget was the purview of a small group of insider lobbyists."

However, she added, "The not-so-good side is largely the result of layering upon layering of different ballot measures. The process has become less transparent, more complicated."

Word circulated early today at the Capitol that longtime staff member and consultant Britton "Jerry" McFetridge died suddenly over the weekend at his home in Clarksburg.

He was 72.

The Assembly is expected to adjourn in his honor today. He served under several Democratic members of the Legislature, including current state Treasurer Bill Lockyer. He is credited with mentoring dozens of Democratic staff members and shepherding significant legislation through the process over the years, including the state's prevailing wage law and the California Occupational Safety and Health Act.

After leaving the Legislature, he became legislative and political director for the State Building and Construction Trades Council. Most recently, he retired to a grape-growing operation in Clarksburg.

Senate Secretary Greg Schmidt, a close personal friend said McFetridge was "the consummate legislative consultant...He had great passion for the issues he believed in, but also a strict adherence to objectivity in his work. He was at the social heart of the Capitol, and a canny politician. But mostly, he was a grand human being."

He is survived by five children, including Duncan McFetridge, a lobbyist at the Capitol. Services are pending.

PHOTO CREDIT: Jerry McFetridge, stands next to remaining Elm trees along Hwy 160 earlier this month. Paul Kitagaki Jr./The Sacramento Bee.

Federal health officials rejected California's bid to charge Medi-Cal copayments for everything from drugs to hospital visits, dealing a new blow to the state budget but relief to low-income patients and their providers.

Gov. Jerry Brown and lawmakers relied on mandatory Medi-Cal copayments to save $511 million in last year's state budget and presumed that the state would continue saving in future years.

The governor's latest budget, which estimates a $9.2 billion deficit, acknowledges the lost savings in 2011-12. But it is relying on $575 million to help balance next year's budget, according to Department of Finance spokesman H.D. Palmer.

The plan to charge low-income Medi-Cal patients and allow doctors to refuse care for nonpayment was unprecedented for a state on such a wide scale. The charges ranged from $3 for "preferred" drug prescriptions to $5 for doctor visits and a maximum $200 on hospital visits. Medi-Cal serves about 8 million Californians, though patients also eligible for Medicare were exempt from the copays.

The state was required to obtain approval from the Centers for Medicare & Medicaid Services (CMS) to implement its plan. But CMS said in a letter today that it was "unable to identify the legal and policy support" for the change. Under the Social Security Act, a state must meet several tests in order to charge copays, which include "providing benefits to recipients of medical assistance which can reasonably be expected to be equivalent to the risks to the recipients."

The 9th U.S. Circuit Court of Appeals is expected to release its opinion on the constitutionality of California's voter-approved ban on same-sex marriage Tuesday morning.

The appeals court is deciding whether to uphold or reverse a federal judge's 2010 ruling that Proposition 8, which was approved by voters in 2008, was unconstitutional. Regardless of the outcome, the decision is expected to be appealed to the United States Supreme Court.

The opinion will be posted online at 10 a.m, according to a press release from the court.

The opinion is also expected to address Proposition 8 proponents' argument that the federal court ruling should be thrown out on the basis that the judge in that case, Vaughn Walker, failed to disclose his own sexual orientation and the fact he had been in a long-term same-sex relationship. An earlier motion to that effect was dismissed by another U.S. District judge last year.

Editor's Note: This post has been updated from an earlier version to clarify the nature of the motion against Walker. Updated 12:30 p.m., Feb. 6, 2012.