SAN FRANCISCO – The California Supreme Court yesterday refused to hear a challenge to a ballot initiative that seeks to ban same-sex marriages.
The unanimous decision means that, barring further legal action, voters will consider a constitutional amendment in November that would again limit marriage in California to a union between a man and a woman. The court didn't give a reason for deciding not to accept the case.
“This was a frivolous lawsuit. It was a desperate attempt to try to keep the voter initiative off the ballot in November,” said Glen Lavy, an attorney with the Alliance Defense Fund representing the measure's sponsors.
If it passes, the amendment, known as Proposition 8, would overrule the Supreme Court decision that legalized same-sex marriage in the state as of June 16.
Equality California and other gay rights groups yesterday said they were confident the initiative, similar to gay-marriage bans enacted in 26 other states, will fail.
Equality California filed a petition last month arguing the signature petitions used to put the proposal onto the ballot were misleading.