A ballot label that declares that Proposition 8 "eliminates (the) right of same-sex couples to marry" will remain intact after a Sacramento County judge on Friday dismissed a challenge by supporters of the measure.
Sponsors of the Nov. 4 ballot measure had argued that Attorney General Jerry Brown's formal title and summary of the measure were prejudicial.
But Sacramento County Judge Timothy Frawley disagreed that Brown acted in favor of opponents of the measure when he changed the ballot title -- "Limit on Marriage" -- that was on petitions circulated last year to qualify the ballot measure.
"Petitioner has failed to explain why the term 'eliminates' is inherently argumentative, while the term 'limit' is not," Frawley, who heard arguments in the case on Thursday, said in a ruling rendered today.
The judge also rejected the contention of opponents that the measure's title and summary is misleading because it fails to distinguish between the initiative's "purpose" and "effects."
"The Attorney General is not required to make any such distinction, and even if he were, petitioner has not shown that a meaningful distinction exists between the purpose and effects of this particular initiative," the judge wrote.
Read the full story at sacbee.com.
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