California Election 2008Gay Marriage

California Supreme Court Upholds People’s Right to Vote on Gay Marriage


Newlyweds Sharon Papo (L) and Amber Weiss toast each other outside of San Francisco City Hall after exchanging wedding vows on the first full day of legal same-sex marriages in California on June 17, 2008 California voters will have the chance to vote in November on whether to end gay marriage after the state’s top court declined on Wednesday to remove an initiative on the issue from the ballot.

The California Supreme Court, meeting in closed session today, denied a petition to remove Proposition 8, the California Marriage Protection Act from the November ballot.

Today the California Supreme Court rejected the case brought by same-sex “marriage” advocates, who intended to prevent California voters from voting on the California Marriage Protection Act (“Amendment”) in November. The court’s decision means the Amendment will stay on the ballot. It also allows the Secretary of State to print voter information pamphlets on the issue.

Last month Liberty Counsel filed a motion to intervene in this lawsuit, asking the court to allow the people to vote on the Amendment. Liberty Counsel represents the Campaign for California Families, Randy Thomasson, and Larry Bowler. The lawsuit against the Amendment was filed on behalf of three voters and the National Center for Lesbian Rights, Lambda Legal, the ACLU and Equality California against California Secretary of State, Debra Bowen, who certified the Amendment.

On June 2, 2008, the Amendment was certified by the Secretary of State for the November ballot. The Amendment states: “Only marriage between a man and a woman is valid or recognized in California.” If passed, the Amendment would nullify the 4-3 ruling of the California Supreme Court issued on May 15 that allows same-sex “marriages” to go forward in California, and would ban same-sex “marriage” in the state.

The same-sex “marriage” advocates were seeking to remove the Amendment from the November ballot, arguing that “the rules for revising the California Constitution were not properly followed.” Their brief claimed that an initiative was not enough to put the Amendment on the ballot, since it must also be approved by two-thirds of the legislature. The suit also alleged that petitions for the initiative, which were circulated prior to the ruling legalizing same-sex marriage, were misleading because they stated the Amendment would not change existing law and would not have a financial impact on the state. Liberty Counsel’s motion to intervene disproved these claims.

Polls show that most Californians want the Amendment. A poll conducted on May 30, 2008, by ccAdvertising shows that 56% of California residents support marriage as being between one man and one woman. Another poll by the Los Angeles Times similarly revealed that 54% of those polled supported the Amendment and only 35% opposed it.

The California Supreme Court rarely intervenes in the electoral process PRIOR to an election. This is NOT to say that the same court who approved gay marriage could later overturn this vote of the people in November. But, on the face of it, this would be a judicial reach as well.

Let the expensive media campaign begin.

Since the latest polls show Barack Obama blowing out John McCain in the California Presidential race will there be much incentive for the LEFT to turn out for this initiative, Constitutional amendment?

Stay tuned……


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3 thoughts on “California Supreme Court Upholds People’s Right to Vote on Gay Marriage

  1. According to the polls, in some states the gay marriage proponents were winning over younger voters and in a generation may have had a majority but now have pushed the matter through the courts.

    Note, they are not pushing federal lawsuits to test the measure before the U. S. Supreme Court – where they will lose.

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