Supreme Court rejects bid to remove gay marriage ban measure from November ballot

by Howard Mintz - Mercury News Article Launched: 07/16/2008 01:02:31 PM PDT

With perhaps the last legal roadblock removed, it appears the fate of gay marriage in California will be up to the voters in November.

The California Supreme Court on Wednesday rejected a bid by civil rights groups to remove a measure from the November ballot that would restore the state's ban on same-sex marriage. Without comment, the justices unanimously refused to hear the legal challenge, filed last month by Equality California, a group opposed to Proposition 8.

The ballot measure would amend the state Constitution to confine marriage to a union between a man and a woman. Civil rights groups had argued that the measure was legally flawed and would conflict with the state Supreme Court's ruling in May striking down California's previous ban on same-sex marriage.

But the Supreme Court, which is ordinarily reluctant to tamper with ballot measures, declined to hear the case. Secretary of State Debra Bowen had urged the court to decide the matter by next month, when ballot materials must be sent out to the printer.

Proposition 8 supporters were quick to criticize gay marriage advocates for trying to kick the initiative off the ballot.

"The Court's dismissal sends a strong message that Proposition 8 continues to have the law on its side," said Ron Prentice, chairman of the campaign. "Time and again, the opponents have attempted to circumvent the democratic process."

Civil rights groups, meanwhile, downplayed the development, vowing (read more)