The California Supreme Court declined on Wednesday to hear a challenge to a ballot measure asking voters to ban same-sex marriage.
As is the court's practice it did not give a reason for deciding not to hear the challenge by LGBT rights groups. The decision virtually assures the issue will be put to voters in November.
Lawyers for Equality California petitioned the court last month to hear the case, arguing that the proposed amendment to the California Constitution should be invalidated because its impact was not made clear to the millions of voters who signed petitions to qualify the measure before the state Supreme Court legalized same-sex unions.
"This court has recognized that gay and lesbian couples have a fundamental right to marry and, as of June 16, such couples have been getting married across the state," the petition stated.
"Rather than effecting 'no change' in existing California law, the proposed initiative would dramatically change existing law by taking that fundamental right away and inscribing discrimination based on a suspect classification into our state Constitution."
The petition also claims the so-called California Marriage Protection Act should be disqualified because it would revise, rather than amend, the state Constitution by altering its fundamental guarantee of equality for all - in essence writing a law the state high court has already found unconstitutional into the constitution.
The last time the state Supreme Court was asked to decide if a proposition should remain on the ballot was 2005, when it did so twice. In both decisions, the propositions were allowed to stay on the special election ballot.
In both 2005 cases, the state Supreme Court overturned lower courts who had taken the propositions off the ballot. The propositions were a redistricting initiative backed by Gov. Arnold Schwarzenegger and another that would have re-regulated the state's electricity market.
The Arizona-based Alliance Defense Fund, which represents the measure's sponsors, called the petition a desperate move.
Public opinion polls show California voters narrowly approving of same-sex marriage.
Gov. Arnold Schwarzenegger has pledged to fight against the proposed amendment. Schwarzenegger told a convention of gay Republicans in April that he was confident a ban would never pass in California and called the effort "a waste of time."
As is the court's practice it did not give a reason for deciding not to hear the challenge by LGBT rights groups. The decision virtually assures the issue will be put to voters in November.
Lawyers for Equality California petitioned the court last month to hear the case, arguing that the proposed amendment to the California Constitution should be invalidated because its impact was not made clear to the millions of voters who signed petitions to qualify the measure before the state Supreme Court legalized same-sex unions.
"This court has recognized that gay and lesbian couples have a fundamental right to marry and, as of June 16, such couples have been getting married across the state," the petition stated.
"Rather than effecting 'no change' in existing California law, the proposed initiative would dramatically change existing law by taking that fundamental right away and inscribing discrimination based on a suspect classification into our state Constitution."
The petition also claims the so-called California Marriage Protection Act should be disqualified because it would revise, rather than amend, the state Constitution by altering its fundamental guarantee of equality for all - in essence writing a law the state high court has already found unconstitutional into the constitution.
The last time the state Supreme Court was asked to decide if a proposition should remain on the ballot was 2005, when it did so twice. In both decisions, the propositions were allowed to stay on the special election ballot.
In both 2005 cases, the state Supreme Court overturned lower courts who had taken the propositions off the ballot. The propositions were a redistricting initiative backed by Gov. Arnold Schwarzenegger and another that would have re-regulated the state's electricity market.
The Arizona-based Alliance Defense Fund, which represents the measure's sponsors, called the petition a desperate move.
Public opinion polls show California voters narrowly approving of same-sex marriage.
Gov. Arnold Schwarzenegger has pledged to fight against the proposed amendment. Schwarzenegger told a convention of gay Republicans in April that he was confident a ban would never pass in California and called the effort "a waste of time."
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