SACRAMENTO -- — Assembly Republicans, criticizing the state's top judge for rulings on same-sex marriage and parole for murderers, tried Friday to block a $5-billion plan to upgrade California courthouses.
The move failed as Democrats, who hold a majority, passed the measure 43 to 16, without any Republican votes.
Assemblyman Todd Spitzer (R-Orange), who abstained, cited state Chief Justice Ronald M. George's May opinion sanctioning same-sex marriage and another this month curbing the state's power to deny parole to murderers. Spitzer described George, a fellow Republican, as an "activist" judge.
"I think those two opinions written by Justice George really soured people on the court issue," Spitzer said, "even though intellectually we all understand that the funding of the courts really has nothing to do with Justice George's writing of a particular legal opinion."
The bill was one of dozens approved by legislators Friday on topics including public financing of political campaigns and electronic bingo.
Lawmakers, whose work has been overshadowed by their failure to approve a budget two months past the deadline, plan to work over the weekend so they can finish voting on bills before their session ends at midnight Sunday.
The courthouse measure, SB 1407 by Senate President Pro Tem Don Perata (D-Oakland), would pay for renovations and construction of court facilities by borrowing $5 billion. The money would be repaid with revenue generated by raising court filing fees and penalties for criminal and traffic offenses.
"I find it ironic that the same people who say the courts should not legislate from the bench attempted to hold the judicial system hostage through the legislative process," Perata said.
The Senate passed a similar version of the bill in May with Republican support, shortly after the state's high court ruled 4 to 3, in an opinion written by George, that people of the same sex have a constitutional right to marry. The legislation, as amended by the Assembly, returns now to the Senate for final approval.
Philip Carrizosa, a spokesman for the court, said George would not comment.
Assemblyman Mike Villines (R-Clovis), the lower house's minority leader, said some of his members were concerned not by the rulings but by the idea of higher fees and borrowing money, which would put "an undue burden on hard-working people."
Other action Friday:
