November 6th, 2009
 

365 Gay: News

Calif. judge: Gay-friendly ballot wording OK


(Sacramento, California) A judge in Sacramento ruled Friday that the revamped wording on a ballot initiative that would ban same-sex marriage in the California constitution is acceptable.

The ballot question originally had been described as a measure to limit marriage between a man and a woman. Last month Attorney General Jerry Brown changed the description to say the proposed amendment would eliminate the right of same sex couples to marry and that it could result in California losing tens of millions of dollars in taxes.

The Project Marriage Coalition, the umbrella group that collected enough names to have the question placed on the ballot went to court, accusing Brown of twisting the wording to influence the vote.

At a hearing Thursday attorneys for Brown’s office said the original definition was written before the California Supreme Court in May struck down the state ban on same-sex marriage. Hundreds of gay and lesbian couples began lining up for marriage licenses the following month when the ruling took effect.

In a written ruling issued Friday morning Sacramento County Superior Court Judge Timothy Frawley said that the title and summary accurately summarizes the proposition.

“There is nothing inherently argumentative or prejudicial about transitive verbs, and the Court is not willing to fashion a rule that would require the Attorney General to engage in useless nominalization,” Frawley wrote.

The decision is a setback for gay marriage foes who say they will appeal.

Brown praised the ruling saying the lawsuit was “was more about politics than the law.”

In a separate court battle the state Supreme Court last month refused to hear a challenge by LGBT groups to declare the ballot initiative illegal.

Gov. Arnold Schwarzenegger (R) opposes the amendment and has said he will campaign against it. Brown, a Democrat, also opposes the amendment.

Despite the legal wrangling over the initiative a poll released in July suggests the measure is likely to be defeated.

Fifty-one percent of likely voters said they would vote against the proposed amendment while 42-percent would support it.


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  • Chris Said: August 8th, 2008 at 3:49 pm
    • Yes, I keep hearing about how Arnie is going to do this or that to defeat it – so EXACTLY what has he done or what does he plan to do in order to defeat it???

  • rcltrh Said: August 8th, 2008 at 4:30 pm
    • I’m hoping the Virginia based group will pour tens of millions of their bigoted so-called “christian” dollars into the appeal and advertising for the initiative and lose it all. Nothing better than taking the money of a bigot, especially a “christian” bigot. There is nothing at all Christian about these groups. What would Jesus do indeed!

  • David Said: August 8th, 2008 at 5:01 pm
    • The hateful Christians never give up, but they will lose in November, and I can’t wait. The most dangerous element California’s children should be protected from is this sort of hateful redneck – pseudo-religious homophobes, who simply cannot mind their own business when it comes to social issues. These are Bush-supporters, too, which says all you need to know about them.

  • vanndean Said: August 8th, 2008 at 5:20 pm
    • Chris said ”

      Yes, I keep hearing about how Arnie is going to do this or that to defeat it – so EXACTLY what has he done or what does he plan to do in order to defeat it???

      I would like to have an answer to the same question. Every time there is an article about the election for the constitutional surpression of gay rights in California, there is the statement of how the governor is GOING to fight against the amending of the state’s constitution. I have not heard word one against the changing of the California constitution by the governor. Grandmother always said “the proof is in the pudding” so possibly the governor needs to get off his fat duff and get with the program and start showing some real action if fighting this amendment since we are less than 3 months from the election date.

  • Jeff Said: August 8th, 2008 at 5:34 pm
    • I used to be able to read the headlines on google from you guys. now I am forced to add it to my news feed. but what about when im out on the road and have to use a public acces PC. It wont allow me that option. trust me, I was just int he hospital and could not pull up 365gay or the news feeds you offered. I feel left out in the cold. thank you

  • Godfrey Said: August 9th, 2008 at 1:38 am
    • As vanndean’s grandma said “proof of the pudding” I’d add a piece of folk wisdom from the Old Country (the UK): “fine words butter no parsnips”. So, yes, I too want to know WHAT exactly Arnie is going to do to support us, to make my 20+ year partnership -and now marriage- safe.

  • Cindy Said: August 9th, 2008 at 4:21 am
    • Why are these religious groups that are fighting this still allowed to be a non profit organization. Shouldn’t they be taxed like other businesses since they are actually acting as a PAC? Why are they using money and resources from other states, doesn’t this pertain to California?

      The sad thing is the children of these bigots will end up committing suicide if they are homosexual. Or the parents will send them away to have them converted and they will end up depressed and so screwed up that they will never live a normal life.

      FAMILY VALUES DO NOT EQUAL BIGOTRY !!!!!

  • Wes Said: August 9th, 2008 at 11:40 am
    • You know, it is amazing to be living through a time, for the LBGT Community, where our rights are a matter of public debate and legal snarls. I’m from the South and am very familiar with the history of Jim Crow laws that kept White people from marrying African Americans. On a national level, that same brand of prejudice is haunting our community. As compared to African Americans, our history of discrimination may be different from theirs, as a racial minority, but the substance of our experiences are certainly the same, in many ways. A priviledged majority is doing their best to make us sit in the back of the bus, figuratively speaking. Funny thing, some of these “good Christians” used the Bible to justify treating African Americans as second-class citizens. I think these “good Christians” know about as much about their faith as the “good Christians” who burned people at the stake (including members of our community) during the Christian Inquisition. They say they are worshiping God but I think they have Him confused with THE OTHER ONE.

  • Quasi Said: August 10th, 2008 at 10:58 am
    • The problem with this “faith” thing, is that these hateful religious bigots do not understand they are using “blind faith” and they let power-hunger, filthy rich right-wing conservatives think for them, and tell them what to do and how to live. The whole idea of religion is for one to live for one’s self to get into heaven and love a neighbor as one’s self. Unfortunately, they are too busy telling others what to do, and do not like themsleves, much less anyone else, or a god. BTW, no one has EVER proven that a god exists, much less a silent, invisible and absent deity. It is an invalid and circular logic to try to use a “sacred text” to prove that a god exists, especially when these so-called “bibles” are so mistranslated and misquoted. If a god exists, then that deity should show himself/herself and prove BEYOND A SHADOW OF A DOUBT that we need worship it. Ain’t happened yet! Don’t look for it to happen any time soon! And moreover, I expect that it will take several more generations, or centuries, before homophobic prejudice will disappear, if not longer. But I still hope I am greatly surprised otherwise.

  • Michelle C Said: August 12th, 2008 at 6:33 pm
    • Gov. Schwarzenegger has gone on record as saying he would veto the ballot if it passes, but as of right now, its looks like Prop 8 is doomed to failure. Let’s keep our fingers crossed.

 
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