THE BATTLE OVER SAME-SEX MARRIAGE: Lockyer's summary of anti-gay marriage measure upheld

San Francisco Chronicle ^ | 8/19/5 | Bob Egelko

[SmithL]

Sponsors felt ballot wording distorted intent of proposal.

Sacramento -- Gay-rights advocates scored a legal victory Thursday when a judge left largely intact Attorney General Bill Lockyer's summary of a ballot measure that would outlaw same-sex marriage and repeal newly established rights for domestic partners.

Sponsors of the proposed state constitutional amendment argued that Lockyer -- a Democrat who supports gay rights -- stacked the deck against the measure with an official description that exaggerated and distorted its effect on domestic partners and underplayed its effect on marriage.

But Sacramento Superior Court Judge Raymond Cadei said the formal title - - "Marriage. Elimination of Domestic Partnership Rights" -- accurately reflected a principal effect of the measure: nullifying recent state laws that granted registered domestic partners many of the same rights as spouses.

The initiative's formal title and 100-word summary appear on petitions now being circulated for the June 2006 ballot, and will also appear on the ballot if the measure qualifies.

The summary details some of the rights of domestic partners that the initiative would restrict or abolish, in areas such as adoption, child custody, health and insurance benefits, hospital visitation and property ownership. Cadei ordered a few tweaks in the wording -- for example, specifying that the initiative would affect only a couple's community property rights, not all property rights -- but left the structure of the summary undisturbed.

The significance of the ruling is that the attorney general's title and summary, required by law to be accurate and impartial, are the primary source of information for many of those who sign petitions and will vote on the measure if it qualifies.

Sponsors want to emphasize that the measure would lock into place the state's ban on same-sex marriage,

[SmithL]

Oh, that Judge Cadei.

[madprof98]

He received his bachelor's degree in economics from the University of California, Santa Cruz, in 1970, during a time when UC Santa Cruz, where students did not receive letter grades, was just getting established as an idyllic and avant-guard home for hippies.

Why hasn't California been swept into the sea?

[ElkGroveDan]

This is NOT the real marriage initiative. This is the one by Randy Thomasson a wild eyed nut case. He has very little funding, and polling on his initiative shows about 20% support.

The "Son of Proposition 22" initiative by the organization created by the late Pete Knight is alive and well and circulating for signatures. It has been endorsed by just about every conservative legislator in the state.

http://protectmarriage.com/home/default.aspx

[ElkGroveDan]

Pete Knight, conservative, American Hero

Randy Thomasson - lunatic

[socal_parrot]

UC Santa Cruz used to list all of their business classes in the math department so they wouldn't be seen as "sell outs"

[goldstategop]

I'm not surprised... the sponsors will appeal the ruling all the way to the State Supreme Court. Still, a protect marriage state constitutional amendment will pass just like up north in neighboring Oregon. California may be a Blue State but 60% of the voters still back marriage between one man and one woman.

(Denny Crane: "Sometimes you can only look for answers from God and failing that... and Fox News".)