California Gay Marriage Ballot Language Settled

After losing two legal battles to change the state’s title and summary of Proposition 8 in CA courts last week, backers of the initiative decided not to seek a further appeal on the title and summary drafted by Attorney General Jerry Brown. Proposition 8, which seeks to ban same-sex marriage through an amendment to the CA constitution, will no longer be described as a “limit on marriage” but as a measure that ‘eliminates [the] right of same-sex couples to marry,” according to the San Francisco Chronicle.

Supporters of the initiative filed a suit last week maintained that Attorney General Jerry Brown’s change of language in the description was biased. Backers argued it should be left without a description and only the short text of the actual initiative should be available: “Only marriage between a man and a woman is valid or recognized in California.”

Yet in a Friday ruling, a Sacramento Superior Court judge upheld Brown’s description as accurate regarding the intent and effect of the initiative. The Yes on 8 Campaign attempted an appeal last week but was denied by a state appeals court. Subsequently, a state appeals court turned down an emergency appeal by the ban supporters.


San Francisco Chronicle, 8/11/08; Yes on 8 Campaign, 8/12/08

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