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 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 summarydesigned to confuse the voters.
In legal papers filed in response to the suit, the Attorney General has already admitted that the ballot summary his office prepared is not entirely accurate. Still, his office is going to defendthe flawed title and summary.