Different Time, Different Description

The change in description for Proposition 8 has been upheld by not one but two courts. Both a Superior Court in Sacramento County and the third DCA have agreed that it was properly within the Attorney General's discretion to change the description of Proposition 8 from "Limit on marriage" and "Amends the California Constitution to provide that only marriage between a man and a women is valid or recognized in California" to "Eliminates right of same-sex couples to marry" and "Changes the California Constitution to eliminate the right of same-sex couples to marry in California."

Why did Jerry Brown do that? Because in between the submission of the initiative and its subsequent qualification for the ballot, the Court handed down the Marriage Cases opinion, establishing the right of same-sex couples to marry. Where before it was at best ambiguous as to whether same-sex couples could marry, that issue was decided in the Marriage Cases and as of right now, same-sex couples do have a right to marry. If it passes, Proposition 8 would amend the Constitution to take that right away. Brown's change of description was accurate and that's how it should go to the voters.

It's been nearly a month since the last poll, which showed a near dead heat between likely voters as to whether they would support or oppose Proposition 8, with a slim majority opposed to it. I'm inclined to think that any voter who hasn't heard by now that there is same-sex marriage in California and that Proposition 8 would eliminate is probably paying so little attention to politics that this would-be voter isn't going to vote in the first place.

By the way, if you are still undecided, please vote "no."