Prop 8 Description Upheld in Court

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Topic started by 'tavdy'

Looking for friends (and more) to do life with. I've some good mates already, but you can never have too much of a good thing. Except life & pavlova. And like Einstein, I'm not sure about the former...

A topic from News & Current Affairs: Gay

tavdySun 10/08/08 21:30

"Prop 8 Description Upheld in Court

When the proponants of Proposition 8 distributed petitions to change the California Constitution to ban same-sex marriage, the title and summary prepared by the Secretary of State rightly noted that such an initiative would impose a limit on marriage to exclude same-sex couples from being added to the classes recognized.

Limit on Marriage. Constitutional Amendment.

Amends the California Constitution to provide that only marriage between a man and a woman is valid or recognized in California. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: The measure would have no fiscal effect on state or local governments. This is because there would be no change to the manner in which marriages are currently recognized by the state.

However, in May the California Supreme Court ruled that the state cannot restrict its recognition of marriage to opposite-sex couples and offer a separate and lesser recognition to same-sex couples. By doing so, they changed the fact pattern.

It is no longer true that 'there would be no change to the manner in which marriages are currently recognized by the state.' It is no longer true that this proposed amendment would place a limit on which classes can have their marriage added to recognition status but rather it removes recognition from a class already recognized.

So the Attorney General rewrote the description to reflect the current situation:

ELIMINATES RIGHT OF SAME-SEX COUPLES TO MARRY. INITIATIVE CONSTITUTIONAL AMENDMENT."

Read more here: http://www.boxturtlebulletin.com/2008/08/08/2544

Right now the pro-amendment lobby is likely to win due to a high turnout expected amongst California's Black and Hispanic communities, which are pro-Obama but also more homophobic. This rewording could tip the scales in favour of keeping gay marriage legal in the state - which would be a major victory.

tavdyTue 12/08/08 15:38

Further relevant stuff:

http://brucegarrett.com/brucelog/1445

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