Proponents Urge Court to Leave Marriage Initiative
On November Ballot

By Julia Cheever

July 1, 2008

Five proponents of a ballot initiative that would ban same-sex marriage have asked the California Supreme Court to reject a bid to knock the measure off the Nov. 4 state ballot.

The supporters said in a brief filed with the court in San Francisco Monday that removing the initiative would be an “inexcusable incursion into the right of the people to amend their constitution.”

The voter initiative, Proposition 8, would amend the state constitution to provide that “only marriage between a man and a woman is valid or recognized in California.”

It would overturn a May 15 ruling in which the state high court said the California Constitution provides a right to gay and lesbian marriage.

On June 20, Equality California, a San Francisco-based gay rights group, asked the high court to remove the initiative from the ballot. The group said the measure would be a constitutional revision, not an amendment, and would therefore require more extensive procedures for passage.

While a constitutional amendment can be enacted by a voter initiative alone, a revision must be approved by two-thirds of each house of the Legislature before being submitted to state voters.

The five initiative leaders, represented by the Arizona-based Alliance Defense Fund, argued in their brief that the initiative is not a revision because it doesn’t change the fundamental structure of California government.

They also noted that the high court has previously ruled that “the wiser course” is to consider a challenge to a ballot measure after an election rather than before.

Alliance Defense Fund attorney Glen Lavy said today, “Equality California and its allies are desperate to evade the democratic process.”

California Secretary of State Debra Bowen also filed opposition Monday to the bid to remove the measure from the ballot.

Lawyers for Equality California now have 10 days to submit a response to the court.

FCJ Editor

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