Same-sex marriage advocates seek to bounce initiative from ballot

San Francisco Chronicle ^ | 6/20/8 | Bob Egelko

[SmithL]

SAN FRANCISCO -- Gay-rights advocates asked the California Supreme Court on Friday to remove a proposed state constitutional ban on same-sex marriage from the November ballot, saying it would destroy fundamental rights that cannot be legally altered by a voter initiative.

The suit was filed by organizations representing gay and lesbian couples in the case that led to the court's May 15 ruling striking down the state law that excluded them from marriage - a ruling that the Nov. 4 initiative would reverse.

Like one of the laws that the court overturned, the initiative declares that "only a marriage between a man and a woman is valid or recognized in California."

In papers filed four days after the legalized same-sex weddings began around the state, advocacy groups argued that the measure would change the state's Constitution so profoundly that it would amount to a revision. Under the law, the Constitution cannot be revised by initiative alone - a two-thirds legislative approval is also needed before the measure goes to the voters.

"If enacted, (the November initiative) would eviscerate the principle of equal citizenship for gay and lesbian people and strip the courts of their authority to enforce basic constitutional guarantees," said Stephen Bomse, lawyer for the groups.

He said the measure would "destabilize our Constitution and our basic government plan . . . by establishing that any group may be deprived of equal protection and fundamental rights through a simple majority vote."

The lawsuit also contends that the initiative petitions circulated to voters before the court ruling were misleading because they declared that the measure would make no change in the marriage laws and would have no fiscal impact.

The advocacy groups, led by Equality California, asked the court to declare the initiative unconstitutional and strike it from the ballot,...

[goldstategop]

The gay lobby can't win at the ballot box, so like good fascists, they're seeking to prevent the voters from rolling back their diktat by having the California Supreme Court block the voters from overturning it. Their commitment to democracy and popular sovereignty is heart-warming.

"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus

[Bommer]

He said the measure would "destabilize our Constitution and our basic government plan . . . by establishing that any group may be deprived of equal protection and fundamental rights through a simple majority vote."

By group does he mean the the gy lobby and the courts? It seems to me they are the ones depriving the rights of the voters and their overwelming vote against gay marrage? Time for open season on judges IMO!

[444Flyer]

My gosh, it could get worse than Communism and Totalitarianism. A new term is needed for what's going on in this state.

[Awestruck]

There is no “fundamental right” to legally recognize deviant behavior.