August 08, 2008

Judge rejects challenge to AG summary of gay marriage ban measure

"A Sacramento judge on Friday said state officials do not have to rewrite the ballot summary describing Proposition 8, the gay marriage ban voters will consider in November.

The ruling is a setback for the initiative's supporters, who say the title and summary written by Attorney General Jerry Brown are argumentative and could prejudice voters. They say Brown should have written a more neutral statement.

Sacramento County Superior Court Judge Timothy Frawley disagreed. In his 8-page ruling, the judge said the title and summary is an "accurate statement" of the proposition by saying it would eliminate the right of gay and lesbian couples to marry.

"The court is not willing to fashion a rule that would require the Attorney General to engage in useless nominalization," Frawley wrote.

Posted by Randy Riddle at August 8, 2008 11:54 AM