It is.
Attorney General Jerry Brown is trying to stack the deck against a November ballot measure barring same-sex marriage by declaring in his formal ballot description that it "eliminates the right of same-sex couples to marry," sponsors of the initiative charged in a lawsuit Tuesday.
Backers of Proposition 8 argued that they are not trying to eliminate anyone's rights but are simply seeking to restore the definition of marriage that existed in California before May 15, when the state Supreme Court struck down the law defining marriage as the union of a man and a woman.
Brown, whose office prepares the title and summary of each measure on the state ballot, chose wording for both that is "inherently argumentative and highly likely to create prejudice" against Prop. 8, attorney Andrew Pugno said in the suit, filed in Sacramento County Superior Court.
The suit asks a judge to order a different title, such as "Limit on Marriage," the wording in the initiative petitions that 1.2 million registered voters signed to place the measure on the Nov. 4 ballot. Pugno said the judge could also delete Brown's heading and use the measure's brief text as its title: "Only marriage between a man and a woman is valid or recognized in California."
The California Supreme Court sensibly ruled that the state Constitution grants the right for same-sex couples to marry. The bigots are now attempting to amend that Constitution via ballot initiative, overturning the high court's decision. So it makes perfect sense to call the initiative what it is: that it "eliminates the right of same-sex couples to marry".
The right currently exists. The bigots want to eliminate it.
Of course, no one likes to take away rights, which is why the bigots are freaking out. They're claiming that describing the hate initiative accurately will prejudice voters against it. Of course it will. That's sort of the point -- that their public position on same sex marriage is patently ridiculous, and will go down to defeat if people understand clearly what they're voting for. And that's what Jerry Brown's language does -- describe the intent of the initiative.
"What has happened is the Supreme Court found that the right to marriage includes same-sex couples," the attorney general said in an interview. "This happened after the original title was approved. ... Now same-sex couples have a right that's recognized and supporters of the proposition want to eliminate that right."
Prop. 8 supporters, Brown said, "can't say with a straight face that this isn't about eliminating the right to gay marriage, so what's their problem with this? This is a political lawsuit, not one about serious legal issues."
Any decision must be made by August 11, when ballots head to the printers. Either way, the ballot initiative is already losing, never a good thing for the "yes" side on an initiative this early in the process (they inevitably lose ground heading into Election Day). The latest Field Poll has the initiative losing 42-51. If the courts reject the bigots (as logic would dictate), it might be the death blow for this ridiculous effort.