During its passage, some concern was expressed that, by repealing the "California Defense of Marriage Act", "SB 1306" breached the separation of powers as the Legislature would be repealing an initiative passed by the voters. However, the consensus of the Assembly Judiciary Committee was that the voters are no more able to pass an unconstitutional, and subsequently enjoined, statute anymore than the Legislature can. In light of "In Re Marriage Cases" and "Hollingsworth v. Perry", which collectively forbade the enforcement of any law which would prohibit same-sex couples from marrying, it was determined by the Assembly Judiciary Committee that the Legislature has the capacity to repeal enjoined statutes.