The state Supreme Court's declaration that same-sex couples can marry was morally and legally sound, but Attorney General Jerry Brown is sullying that historic act by skewing the wording of a November ballot measure that would reverse the court's ruling.
Brown sharply altered the "title and summary" of Proposition 8, a measure to outlaw same-sex marriages by amending the state constitution, just a few days after the Supreme Court refused to eliminate the measure from the ballot.
When backers of the measure circulated petitions to place the measure on the ballot, the title – approved by Brown's office – said it "amends the California Constitution to provide that only marriage between a man and a woman is valid or recognized in California." But last week, he abruptly changed it to say it would "eliminate the right of same-sex couples to marry," which carries a much different connotation.
Brown's spokesman insists the change merely conforms its effect to the Supreme Court ruling, but the gay rights groups opposed to Proposition 8 rejoiced and proponents fumed. Both know that to some voters – perhaps a decisive bloc in a close election – the new ballot title language could make the measure sound punitive by eliminating a "right." And it could be a close election.
Proposition 22, the 2000 ballot measure that blocked gay marriage (and was invalidated by the Supreme Court's ruling), passed by a 61 percent to 39 percent margin. But a recent Field Poll found that 51 percent of voters oppose Proposition 8 and 42 percent favor it, indicating that the battle will be fierce and go down to the wire.
Brown's action is reminiscent of the misleading and biased title and summary he issued for a February ballot measure to modify legislative term limits that obscured its true impact. And it's likely that Brown altered Proposition 8's title language either at the behest of gay rights groups opposed to Proposition 8 or to curry favor with them, with the likely motivation that Brown wants to run for governor in 2010 and helping defeat Proposition 8 would help him win the Democratic nomination.
Brown, who served two terms as governor more than a quarter-century ago, makes little secret of his ambition, but one of his likely opponents for the nomination, San Francisco Mayor Gavin Newsom, has become the gay rights advocates' main man by defying the state's ban on same-sex marriage and forcing the issue into the courts.
Brown had already positioned himself as a crusader against global warming, a visceral issue among Democratic activists, and with his new move, Brown at least partially neutralizes Newsom's advantage on another ideological litmus test.
Brown's action faces a legal challenge whose outcome is uncertain, but regardless of how that fares, it's a pretty cynical act. A referee shouldn't misuse the rules of the game to favor one side over the other. If he does, the outcome will carry an asterisk of illegitimacy.
Call The Bee's Dan Walters, (916) 321-1195. Back columns, www.sacbee.com/walters.
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