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August 9, 2008

New Proposition 8 Wording Upheld

California Superior Court Judge Timothy M. Frawley upholds Attorney General Jerry Brown's new wording for Proposition 8.

According to Yahoo News, Prop 8 proponent Mark A. Larsson argued that the proposed new language is "extremely argumentative" and could prejudice voters against the measure.

Larson also argued that the attorney general showed prejudice by "selecting a ballot title that begins with a negative, transitive active verb." This argument apparently led to a series of rebuttals that rose to the level of absurdist entertainment.

In his ruling Judge Frawley said, "There is nothing inherently argumentative or prejudicial about transitive verbs, and the Court is not willing to fashion a rule that would require the Attorney General to engage in useless nominalization." He added, "As a general rule, the title and summary prepared by the Attorney General are presumed accurate" and that legal standards "require substantial deference to the Attorney General's actions."

The court further ruled that since the right to same-sex marriage now exists in law and has already been exercised by thousands of same-sex couples, Proposition 8 would not simply limit marriage but would, in fact, eliminate an existing legal right.

This ruling should now make it much more difficult for Proposition 8 to pass in November. Let's keep out fingers crossed.

To read the full story, go to: Yahoo News