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Prop 8 Supporters To Sue Over New Title And Summary

July 29, 2008 - 8:01am

As predicted, supporters of Prop 8, the California initiative to ban same sex marriage, will ask a court to order changes to a new title and summary. The new t-s reflects the state supreme court decision by saying that the initiative limits a right (albeit a judicially determined right found nowhere in the text). The new summary also says the state would lose tax revenues related to same-sex marriage.

Such litigation over title and summaries is common, but the interest in same sex marriage will bring more scrutiny to the process. One non-lawyer's opinion: the Prop 8 supporters have a decent chance of getting the summary changed with regards to the tax issues. They'll be able to argue, I suspect, that no one really knows the fiscal impact of this. Yes, banning same-sex marriage may cost us tax revenues, but they could argue that people and companies could leave the state if same-sex marriage remains legal.

I believe they'll have a tougher time convincing a judge to reverse the new language that the initiative eliminates a right. Prop 8 supporters may not like it, but the legal fact is that the supreme court identified a right to same-sex marriage in the state constitution.

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