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California judge orders summary of proposed same-sex marriage ban amended
Sponsors say attorney general’s petition language focused on domestic partnership, not marriage
Published Thursday, 25-Aug-2005 in issue 922
SACRAMENTO (AP) – A judge ordered California’s attorney general to take another shot at summarizing a proposed constitutional amendment that would ban same-sex marriage in the state and strip same-sex couples of domestic partnership rights.
Ruling in a lawsuit brought by sponsors of the measure, Sacramento Superior Court Judge Ronald Cadei ruled that the description the attorney general had written to go on the petitions that will be used to qualify the measure for the ballot could be misinterpreted by some voters.
The suit claimed that the proposed petition language inaccurately described the amendment by highlighting its effects on registered domestic partners instead of explaining that its chief purpose was to preserve marriage as a union between a man and a woman.
Both Attorney General Bill Lockyer’s office and the group that brought the lawsuit described Cadei’s decision as a victory.
“It was designed to discourage individuals from voting in favor of the marriage initiative,” said Mathew Staver, whose Liberty Counsel law firm represented VoteYesMarriage.com in the case.
But Lockyer spokesperson Nathan Barankin disagreed that Cadei found the attorney general’s summary to be inaccurate. Instead, the judge merely asked for some portions of it to be clarified so voters understand what specific rights the amendment would restrict, according to Barankin.
“He didn’t say delete anything. He said, ‘Add language to make it more precise,’” Barankin said.
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