Finally. Some gay rights groups have asked the court to strike the anti-gay ballot initiative off of the November ballot. The reason? Because it would revise the State Constitution and apparently before that can be done it needs to have 2/3 majority in the legislature before it can go to the people to vote on. They also argue that allowing the ballot issue would mean that other groups could take away and deny legal process to other groups in the future, based on a simple majority. The article in the S.F. Chronicle also said this:
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.
Clearly the people who signed this were mislead (that is, the real people who actually signed it–anti-gay groups keep saying they got 1.1 million people to sign, but the courts have found that 20% of those who signed were invalid signatures).
Of course, the Alliance Defense League (and I’m sure those Liberty Counsel lawyers too) are having fits. Well, at least this petition makes much more sense that the petitions to stop gay marriage by the ADL and the Liberty Counsel.
I don’t have much hope for this, but then again, I didn’t have much hope for gay marriage being allowed by a Republican led majority in the California State Supreme Court either.