Aug 15, 2008  |  By: CHRIS JOHNSON  | COMMENTS     

Opponents of same-sex marriage have abandoned their fight in California to change the ballot title and summary for a proposed state constitutional amendment that would ban gay nuptials.

Sacramento Superior Court Judge Timothy Frawley ruled Friday against a lawsuit filed by the group backing the amendment, Proposition 8. On the same day, a state appeals court in Sacramento rejected a request for an emergency appeal.

In his ruling, Frawley says that there is “nothing inherently argumentative or prejudicial” about the wording in the ballot title and summary. The judge also says he is “not willing to fashion a rule that would require the Attorney General to engage in useless nomination.”

Jennifer Kerns, a spokesperson for the Protect Marriage coalition, was quoted in the San Francisco Chronicle as saying that her organization would “leave the final outcome to voters” and did not intend to fight the ballot description any further through legal means.

Geoff Kors, executive director for Equality California, said in a statement Friday that he was pleased that Frawley found that arguments favoring the language change were “false and misleading.”
“We are confident that California voters will see through these scare tactics,” he said.

Amendment supporters cried foul in response to the change in the wording on the ballot label and analysis, arguing that the language was “inherently argumentative” and would influence voters to reject the amendment.

Early last month, California’s attorney general and legislative analyst changed the language to assert that approving the amendment would “eliminate the right of same-sex couples to marry.” The document also says that enacting Proposition 8 would mean a revenue loss to the state and local governments over the next few years, mainly from sales tax, totaling “several tens of millions of dollars.”

The language also says that approving Proposition 8 in the long term would likely have little financial
impact on state and local governments.

Before the California Supreme Court made its May 15 decision permitting same-sex weddings, the proposed language stated that there would be “no fiscal effect on state and local governments” and “no change to the manner in which marriages are currently recognized by the state.”

The voter pamphlet with the language change was scheduled for delivery to the printer’s office by Tuesday. The information will be included in the November ballot materials and is the only official direct mail materials that California voters receive from the state.

If California voters approve Proposition 8 with a majority vote in November, gay couples would no longer be eligible for marriage in the state. A Field Poll published Jul. 18 found that 51 percent of likely voters would vote against the amendment while 42 percent would vote in favor of the amendment.

Crist comes out for amendment

Meanwhile, Florida Gov. Charlie Crist (R) has backed a proposed state constitutional amendment to ban same-sex marriage in his state.

Crist unexpectedly told reporters Aug. 4 during a public appearance that he favors the initiative, known as Amendment 2. Crist spokesperson Sterling Ivey later confirmed that the governor favors the initiative.

“Yes, he is supportive of it,” Ivey said.

In 2006, he signed a petition to place the measure on the ballot, but he later spoke out against the state Republican Party for contributing $300,000 to Florida4marriage.org, the political action committee that supports the measure.

The Florida governor is considered on the short list of possible running mates for Republican presidential hopeful John McCain. In the midst of persistent rumors about his sexual orientation, Crist recently announced his intention to marry business owner Carole Rome in St. Petersburg, Fla., Dec. 12.

Derek Newton, campaign manager of SayNo2.com, the political action committee working to defeat the measure, said Crist’s position is not a priority for the organization.

“We’re not focused on that at all,” Newton said. “His position and his feelings are his feelings, and it’s not something we’re focused on.”

A Quinnipiac poll published June 3 found that 58 percent of Florida voters would support the marriage initiative while 37 percent would oppose it. The amendment needs the approval of 60 percent of voters to become part of the state constitution.