News

Jerry Brown's meddling
July 31, 2008
By MediaNews Editorial
Contra Costa Times

SAME-SEX MARRIAGE remains a controversial issue in the wake of the California Supreme Court's 4-3 ruling overturning Proposition 22. That was the 2000 ballot measure limiting marriage to a man and a woman, which passed by a 61 percent to 39 percent margin.

Opponents of the court's ruling have placed another measure on the November ballot, Proposition 8. This time it is a constitutional amendment, not a statutory measure, that is designed to overturn the state's highest court.

Even though the court ruled in favor of same-sex marriage, it refused to block Prop. 8 from going on the ballot. Thus, Californians will have another opportunity to vote on the issue.

When opponents of same-sex marriage circulated petitions to get Prop. 8 on the ballot, they did so under a title approved by Attorney General Jerry Brown's office. It said the proposition "amends the California Constitution to provide that only marriage between a man and a woman is valid or recognized in California."

That is a straight-forward, accurate description of Prop. 8. But it did not satisfy the attorney general. Instead, Brown made a major change in the title and summary of the measure. It now says that Prop. 8 would "eliminate the right of same-sex couples to marry."

Brown's spokesman claims the change was made to describe the effect it would have on the Supreme Court ruling. That's nonsense. The new wording clearly is designed to make Prop. 8 less appealing to voters.

Voters are less inclined to eliminate a right than to support traditional marriage between a man and a woman. Polls indicate a close vote on Prop. 8, and Brown's alteration of the title and summary could be a deciding factor.

All voters should be upset with Brown. If the measure is defeated, certainly supporters will be disappointed. But opponents also should be concerned that the vote will be tainted because of the attorney general's interference.

Prop. 8 backers are suing to get the title and summary changed to reflect what was on the petition. They deserve to prevail. As an individual, Brown can express his views on any political issue. But the attorney general's office should take a neutral position on all ballot measures.