August 8, 2008
When the state's voters decide Proposition 8 this fall, it appears they will check "yes" or "no" next to a ballot title that reads: "Eliminates the Right of Same-Sex Couples to Marry."
A Superior Court judge this morning rejected a suit filed by Prop. 8 proponents against the ballot title proposed by Attorney General Jerry Brown. Judge Timothy M. Frawley said Brown's language was neither false nor misleading, handing a victory to gay rights supporters who want a clear statement of what a constitutional ban would mean for gay couples who have married in California this year.
Prop. 8 proponents said they will file an appeal today, but time is short: The ballot title, summary and partisan ballot arguments filed by each side are due at the state printer at 5 p.m. Monday.
Prop. 8 proponents had argued that using the word "eliminates" in a ballot title and summary was argumentative, misleading and prejudicial, because it was a negative, active transitive word - grammar that had rarely, if ever, been used in a state ballot title. They preferred "Limit on Marriage," the title on petitions signed by voters that placed Prop. 8 on the November ballot.
Frawley disagreed with those arguments. (read more)
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