CA court denies marriage ban challenge

July 16, 2008 6:57:52 PM PDT
The California Supreme Court refused Wednesday to take up a case by gay rights advocates that sought to keep a same-sex marriage ban off the November ballot.

The California Supreme Court ruled on Wednesday that a ballot measure to ban same-sex marriage may appear on the November ballot.

It is a major disappointment for gay couples and advocates of same-sex marriage.

A group representing the ballot measure's sponsors called the lawsuit trying to remove the ballot measure "desperate and frivolous." The Supreme Court's decision did not consider that lawsuit, and was unanimous it did not give a reason.

The state Supreme Court issued its decision on Wednesday, refusing to take a case filed by gay marriage advocates that sought to keep Prop 8 off the November ballot.

If passed, Prop 8 would overrule the Surpreme Court's decision legalizing gay marriage through a constitutional amendment limiting marriage to a union between a man and a woman.

Robert Hayn and Bob Brown have been together 27 years. They plan to get married in August, and just picked up their application from City Hall.

"I'm disappointed that the Supreme Court isn't considering taking it off the ballot. On the other hand, I've firmly believed from the beginning that this time on the ballot it will go down in defeat," said Hayn.

"It isn't going to deter my plans to get married, just move forward," said Brown.

Others aren't so sure.

"I think as long as it's on the ballot there's always the possibility if you get married is it going to be undone later on," said David Brunner from San Francisco.

Along with disappointment, there is frustration.

"The world is at war, the economy has gone to h-e-double hockey sticks. Would everybody just forget about who is somebody, or what is sleeping with and just get a life," said Miriam Beer from San Francisco.

The conservative group "Liberty Counsel" backs the ballot measure, and is pleased with the court's decision, saying: "If the people have an opportunity to participate in the Democratic process, they will vote for marriage as one man and one woman."

San Francisco City Hall has been doing a very brisk business in same-sex marriage since it was legalized on June 16. For now at least, it seems like it will continue, despite the cloud of uncertainty looming over November.


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