Gay-rights advocates asked the California Supreme Court on Friday to remove a proposed state constitutional ban on same-sex marriage from the November ballot.

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The advocacy groups, led by Equality California, asked the court to declare the initiative unconstitutional and strike it from the ballot, an action the justices seldom take before an election. Backers of the measure quickly denounced the suit.

The groups argue that the measure would change the state's Constitution so profoundly that it would amount to a revision; and therefore a two-thirds legislative approval is needed before the measure goes to the voters.

Appeals to the court to maintain authority over the issue, "If enacted, (the November initiative) would eviscerate the principle of equal citizenship for gay and lesbian people and strip the courts of their authority to enforce basic constitutional guarantees."

“Equality California and its allies are desperate to evade democracy. First, they used the courts to erase the votes of nearly 5 million Californians who voted to protect marriage. Now, they are trying to silence the people’s voice forever,” said ADF Senior Counsel Glen Lavy. “This is just another attempt to force a radical political agenda upon the people of California. The opponents of marriage are willing to use any means necessary to impose their will.”

“ADF and ProtectMarriage will defend the right of the people to participate in democratic process and vote on the constitutional amendment,” Lavy added.

Gay Rights / Special Rights
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