A hearing is set for 1:30 p.m. PT tomorrow in Sacramento Superior Court before Judge Raymond Cadei on Liberty Counsel's lawsuit challenging the prejudicial title and summary issued by California Attorney General Bill Lockyer for the marriage amendment proposed by VoteYesMarriage.com. Liberty Counsel litigation attorney Mary McAlister will be presenting the argument.

Liberty Counsel's lawsuit, filed on August 1, argues that the Attorney General has a statutory duty to prepare an unbiased, accurate and nonprejudicial title and summary that reflects the chief purpose and points of the proposed amendment. Since the Attorney General is personally in favor of same-sex unions, it appears his office prepared an inaccurate and prejudicial summary designed to confuse the voters.

In legal papers filed in response to our suit, the Attorney General has already admitted that the ballot summary his office prepared is not entirely accurate.

The Attorney General's title and summary focus almost entirely on identifying "rights" that are allegedly taken away from domestic partners, claiming that the initiative will "void and restrict" property rights, inheritance rights, medical decision rights, and hospital visitation rights, although these rights will not be voided. Domestic partners will still be able to own property jointly, devise property in a will, and authorize another to make medical decisions. The initiative will not affect hospital visitation rights.

VoteYesMarriage.com, which sponsored the initiative, suggested a title and summary that explained the chief purpose as the protection of marriage rights. The Attorney General submitted a title and summary that ignore the main points of the initiative - that no government official or entity can bestow the statutory rights of marriage on unmarried persons, and that no private entity can be required by the government to bestow rights or benefits of marriage on unmarried persons. The amendment preserves marriage as the union of one man and one woman.

Mathew D. Staver, President and General Counsel of Liberty Counsel, stated, "It is amazing that the Attorney General continues to defend the inaccurate ballot summary and title after admitting it is not accurate. The Attorney General must discharge his duties without letting his personal bias cloud his judgment. The people have a right to know the real purpose of the marriage amendment. Apparently the Attorney General is afraid to allow the people to exercise their right to vote."

You can order our book Same Sex Marriage: Putting Every Household at Risk on our website.