Gay Groups Try to Stop California's Gay Marriage Ban

Proposition 8, the ballot proposition that will likely overturn the Supreme Court's approval of gay marriage in California, is being challenged by gay advocacy groups who are petrified to allow Californians to vote:

Homosexual-rights advocates have asked California's Supreme Court to block citizens from voting this fall on a measure voters originally brought to the ballot: Proposition 8, the California Marriage Protection Act.

Proposition 8, so labeled when Secretary of State Debra Bowen certified it earlier this month for placement on the November 4 ballot, is a constitutional amendment that states, "Only marriage between a man and a woman is valid or recognized in California." The amendment was created by voter initiative with the signatures of 1.1 million voters, more than the required 694,354 needed to place an issue on the ballot.

Lawyers representing the ACLU and Equality California, however, filed a petition earlier this month in the state's highest court to strike Proposition 8 from the ballot, claiming the measure is not merely an amendment, but a revision, which a lawyer told WND is defined as a radical rewrite of the Constitution that would drastically upset the social fabric of California and require convening a constitutional convention to approve.

Liberty Counsel founder, Mathew Staver, told WND that if there was any radical rewrite of California's social fabric, it was done last month when the Supreme Court ignored over a century of precedent in the state's definition of marriage with a 4-3 ruling that deemed a law defining marriage between one man and one woman unconstitutional.

"They're suggesting the Supreme Court can rewrite the entire institution of marriage, but people can't amend the Constitution to go back to its historical definition," Staver said. "It's absolutely ridiculous to argue that courts can turn society upside down in 30 days but the people have no right to define it."

As I understand it, because Prop. 8 has already qualiied for the ballot there's little that the court can do. However, the California Supremes have already shown a willingness to ignore the voters and the law, so who knows what they're likely to do?