Sacramento, CA – Judge Raymond Cadei issued an order today granting the request, filed by Liberty Counsel on behalf of the VoteYesMarriage.com Marriage Amendment, to invalidate the summary prepared by the Attorney General. Mary McAlister, Litigation Counsel for Liberty Counsel, argued the case today in court. While the court left intact the title of the amendment, over the objections of the amendment’s proponents, the court agreed that the summary misleads voters into believing that unmarried persons will lose the right, for example, to own property, make medical decisions, inherit property by will, or adopt children. The court instructed the Attorney General to work with Liberty Counsel attorneys to draft an accurate ballot summary. If an agreement can not be reached, the parties will be back in court in two weeks to resolve the matter.

The Attorney General’s office argued that it had prepared a “technically accurate” title and summary. The court agreed with the arguments made by Liberty Counsel that “technically accurate” is not good enough. The voters deserve a summary that is entirely accurate. Otherwise, the court explained, it would mislead voters. The court has ordered the Attorney General to comply with his statutory obligation and draft language that accurately and non-prejudicially reflects the chief purpose and points of the amendment.

The chief purpose of the amendment is to protect marriage rights. To accomplish that goal, the amendment prohibits government officials or entities from bestowing the statutory rights of marriage on unmarried persons, and prevents government from requiring private entities to bestow rights or benefits of marriage on unmarried persons.

Mathew Staver, President and General Counsel of Liberty Counsel, stated, “We are pleased that the court has protected the integrity of the amendment process. The Attorney General failed to carry out his duty to prepare a neutral, factual title and summary, which would have prevented a fair vote on this important issue. The people deserve the chance to vote to protect marriage rights.”

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