AG Asks Court to Keep Gay Marriage Ban Initiative on November Ballot
California Attorney General Jerry Brown, a likely candidate for governor in 2010, has indicated support for the legalization of same-sex marriage. But a recent lawsuit by supporters of gay marriage seeks to knock the initiative that would ban such marriages off the November ballot. One argument of the lawsuit is that the official title and summary Brown's office gave the measure is wrong, because of the Supreme Court decision legalizing such marriages.
The original title and summary said the initiative would not change state law and would not have any fiscal impact because the way marriages are conducted would not be altered; after the court decision legalized same sex marriage, that was no longer true.
But that title and summary were written months before the court decision. In an amicus brief filed with the court, the attorney general's office defends itself along these lines and argues that an initiative cannot be thrown off the ballot because a subsequent court decision changes its meaning.
The LA Times' Maura Dolan explains some of this here.
And the brief is attached here. (Hat tip Kevin Norte.)


















Post new comment