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Marriage Supporters Introduce New Argument to Stop Amendment

Gay rights activists asked California's highest court Friday to keep off the November ballot a citizens' initiative that would again ban same-sex marriage. Lawyers for Equality California filed a petition arguing that the proposed amendment to the California constitution should be invalidated because its impact was not made clear to the voters who signed petitions to qualify the measure before the state supreme court legalized same-sex unions. ''This court has recognized that gay and lesbian couples have a fundamental right to marry, and as of June 16 such couples have been getting married across the state,'' the petition states.


Gay rights activists asked California's highest court Friday to keep off the November ballot a citizens' initiative that would again ban same-sex marriage. Lawyers for Equality California filed a petition arguing that the proposed amendment to the California constitution should be invalidated because its impact was not made clear to the millions of voters who signed petitions to qualify the measure before the state supreme court legalized same-sex unions. ''This court has recognized that gay and lesbian couples have a fundamental right to marry, and as of June 16 such couples have been getting married across the state,'' the petition states.

''Rather than effecting 'no change' in existing California law, the proposed initiative would dramatically change existing law by taking that fundamental right away and inscribing discrimination based on a suspect classification into our state constitution.''

The petition also claims the so-called California Marriage Protection Act should be disqualified because it would revise, rather than amend, the state constitution by altering its fundamental guarantee of equality for all -- in essence writing a law the state high court has already found unconstitutional into the constitution.

''If enacted, it would alter the underlying principles on which the California constitution is based and make far-reaching changes in the nature of our basic government plan, by severely compromising the core constitutional principle of equal citizenship (and) ... by destroying the courts' quintessential power and role of protecting minorities,'' it states.

Unlike a constitutional amendment that can be approved by voters, a constitutional revision requires convening a constitutional convention or the appointment of a commission to recommend changes to the legislature and voters, according to the petition submitted by same-sex marriage supporters.

''For good reason, there's a strict process for making revisions to our constitution, and it's more involved than simply collecting petition signatures,'' said attorney Stephen Bomse in a statement posted on the website of the National Center for Lesbian Rights, another petitioner in the case.

''That process is in place to safeguard our basic form of government, especially the most basic principle of equal protection of the laws.''

The petition names Secretary of State Debra Bowen and the measure's sponsors, a coalition of religious and social conservative groups called ProtectMarriage.com, as defendants.

Since Bowen's office already has certified the amendment for the fall election, a spokeswoman says she can remove it only through a court order.

''She has a ministerial duty to certify any initiative when they qualify through the petition process, and she can't remove an initiative without a judge's order,'' said Kate Folmar, a spokeswoman for the secretary of state.

The last time the state supreme court was asked to decide if a proposition should remain on the ballot was 2005, when it did so twice. In both decisions, the propositions were allowed to stay on the special election ballot.

In both 2005 cases, the state supreme court overturned lower courts who had taken the propositions off the ballot. The propositions were a redistricting initiative backed by Gov. Arnold Schwarzenegger and another that would have reregulated the state's electricity market.

The Arizona-based Alliance Defense Fund, which represents the measure's sponsors, called the petition a desperate move it would fight.

''This is just another attempt to force a radical political agenda upon the people of California,'' said Defense Fund senior counsel Glen Lavy. ''The opponents of marriage are willing to use any means necessary to impose their will.'' (Lisa Leff, AP)

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Reader Comments
  • Name: Mandy
    Date posted: 6/25/2008 5:43:00 PM
    Hometown: Los Angeles, CA

    Comment:

    True, through the Bible, God does speak of man laying with man and woman laying with woman as being an abomination and, naturally, He would not support marriage between a man with another man and a woman with another woman but God doesn't appear to support or oppose marriage at all. He just basically says that marriage is for those who cannot remain abstinent from sex (this is my humble interpretation of I Corinthians 7: 1-16). But that is neither here nor there. We have all sinned and fallen short of the glory of God.

  • Name: Art M.
    Date posted: 6/24/2008 7:46:00 PM
    Hometown: San Francisco

    Comment:

    John amazingly writes: "You seem to be facing a lot of lightning caused wildfires. Ancients believed lightning came from divine origins. It all boils down to righeousness and wickedness. " Funny, John, that all those wildfires are from the CONSERVATIVE portions of our state, and the liberal areas are mostly untouched. So what does that suggest to you, John? Is your god (note the SMALL g - used with derision) so achingly pathetic and powerless he's lost his aim? Or is he striking the conservative section down because they're so conservative? Considering that all the flooding going on (your mythical god used floods, too, if I'm not mistaken) in all those RED states - I guess my conjecture is proven true: your god hates conservatives!

  • Name: Tynk
    Date posted: 6/24/2008 7:41:00 PM
    Hometown: San Francisco

    Comment:

    One has to what a homophobe like Pat is doing trolling Gay message boards... What I'd like to see happen is for us to start hunting our enemies down, and then destroying their lives. Find out every nasty little thing about them (like Scientology does) and then using it to ensure that they could never raise their verminous little heads in public ever again. These people will never quit. Even if they gave us a federal Constitutional ammendment guaranteeing us full equality and anti-discrimination protections, these people would STILL be attacking us every chance they have. Playing nice with them hasn't EVER gotten us anywhere but worse off than we were before. Maybe if there was some cost to them fighting us - they'd quit - cowards that they are.

  • Name: Joseph
    Date posted: 6/24/2008 4:22:00 PM
    Hometown: Montgomery, AL

    Comment:

    (Continued from below) Also, as God later allows for multiple marriages and concubinage (there was no problem with Jacob having two wives AND a pair of concubines; Solomon also got to have roughly 1000 wives and concubines), the Bible provides a very weak foundation for the standard right-wing marriage argument. Further, the modern notion of marriage only came into being approximately 1000 years ago. When it did, it was almost exclusively for royalty and other nobles who had property and large amounts of other wealth so that marriage was much closer to a modern-day business merger rather than any sense of love and companionship. (In fact, both spouses were free to carry out discreet romantic and/or sexual trysts with other people. Women were usually more restricted during their childbearing years but as long as they provided a legitimate heir by their husbands, many of the Ladies would carry on with as much or as little discretion as the Lords.)

  • Name: Joseph
    Date posted: 6/24/2008 4:12:00 PM
    Hometown: Montgomery, AL

    Comment:

    It must be hard to be Pat. Pat, the Bible does NOT state categorically and without exception that marriage is "between one man and one woman". Go on, take a few minutes and find ANY passage that comes close to confirming that definition. Shoot, I'll be generous, take a few DAYS to do it. You will NOT find any such passage. The closest passage comes in Genesis 2:24 ("Therefore shall a man leave his father and his mother, and shall cleave unto his wife: and they shall be one flesh."--KJV) but that is, somewhat interestingly, the SECOND creation story (the one in which Eve was created from Adam's rib). The FIRST creation story (from Genesis 1) makes no such contention, noting that "So God created man in his own image, in the image of God created he him; male and female created he them." (Gen 1:27--KJV) BUT, the problem with both stories is that neither actually uses the m-word (the terms husband and wife are used, but not "marriage").

  • Name: Roger
    Date posted: 6/24/2008 10:48:00 AM
    Hometown: New Bedford

    Comment:

    Living in Massachusetts here, we find it amazing that instead of passing laws through the legislature, and getting a certain number of votes pro and against, that the citizens in Californis get to CHANGE THE STATE CONSTITUTION by a simple referendum, thus taking away the rights of the legislature to make law. If the laws that the legislature makes are illegal, or unconstitutional. one would certainly hope the Court would step in and overturn those illegal laws. We thought the "Law and Order" crowd would be more pro-legislature, as they always claim to be. Maybe going down this road is EASIER for them to get their way. We hope the Court dissallows this referendum as unconstitutional.

  • Name: Terri
    Date posted: 6/24/2008 10:35:00 AM
    Hometown: San Diego

    Comment:

    How hard is it to understand that equal rights is for everyone Pat. You are not special or better than anyone else. Nor are any of your followers. At what point in your beliefs does it say that you become "god" and are allowed to judge others? Separation of church and state, it's a protection for us all.

  • Name: peter
    Date posted: 6/24/2008 2:24:00 AM
    Hometown: Los Angeles

    Comment:

    John: Even if one were to assume the existence of an absolute truth, who are you to judge or decide what that truth is? What proof of divine mandate do you possess that entitles you to codify your particular religious beliefs into secular law, to the detriment of others? This is exactly why religion has no place in the foundations of democratic government. Once people start to make the argument that everybody must abide by certain rules simply because "God says so," then one can justify any form of discrimination. After all, we've heard the very same arguments against same-sex marriage before, only then it was against interracial marriage. And let's not forget whites used the Bible as justification for slavery. It's so easy for evangelical Christians to look back on those arguments and distance themselves from the racism of those views, but it is the height of self-righteous conceit to say that, THIS TIME, you've got it right about gays and lesbians, when history says otherwise.

  • Name: John
    Date posted: 6/23/2008 11:42:00 PM
    Hometown: La Grange

    Comment:

    The focal point is what is truth? Maybe there is a God and maybe there are many gods or maybe there is none. If there is a God and you choose not believe in Him or her, you still are subject to that God whether you like it or not. God can be one who is like a Santa Claus or like a mean ogre or pleased with some things and mad at other things. Being divine, that God has power that man does not possess. You seem to be facing a lot of lightning caused wildfires. Ancients believed lightning came from divine origins. It all boils down to righeousness and wickedness. Which is which? And is there a divine being that loves righteousness and hates wickedness?

  • Name: Martin Prince
    Date posted: 6/23/2008 10:31:00 PM
    Hometown: Los Angeles

    Comment:

    Well, Pat, that's nice for you that you believe your god has such rules. I assume you'll abide by them and not marry someone of your same sex. The god that other people believe in does support everyone's human right to marry the person they love. Of course many other people don't believe in any god at all, so your argument is moot. Why? Because the United States is not a theocracy, it is a Republic based on a secular constitution (in which the word god is nowhere to be found). So our laws--marriage or otherwise--must be based on what our state and federal constitutions say, not what some people believe their god(s) would want. You should thank your god for that. I'll thank the wisdom of our Founding Fathers.



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