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Gay Marriage Ban Supporters End Bid To Change Ballot Title

A November ballot measure that would ban same-sex marriage in California will go before voters with a disputed title after initiative supporters announced Monday they won't appeal any further.

The title prepared by state Attorney General Jerry Brown says that Proposition 8 on the Nov. 4 ballot "eliminates the right of same-sex couples to marry."

Proponents of the measure argued that the title is misleading and argumentative.

Brown contended the title is accurate because the measure would in fact eliminate a constitutional right to same-sex marriage that was set forth in a May 15 California Supreme Court decision.

On Friday, proponents of the measure lost two legal bids to change the wording. First, Sacramento County Superior Court Judge Timothy Frawley ruled the title is "an accurate statement of the primary purpose and effect of the measure."

Then, late on Friday, a state appeals court in Sacramento turned down an urgent appeal by the proponents.

The panel in a one-paragraph order cited previous appellate court rulings holding that an attorney general's title and summary should be presumed to be accurate and should be upheld "if reasonable minds differ."

Jennifer Kerns, a spokeswoman for ProtectMarriage.com, said Monday that initiative proponents had decided not to appeal further to the California Supreme Court.

Kerns said, "We intend to leave the final outcome to the voters."

Secretary of State Debra Bowen and State Printer Geoff Brandt had asked that rulings in the case be completed by 5 p.m. today to meet the deadline for sending the ballot pamphlet to the printer.

The initiative would amend the state Constitution to provide that "only marriage between a man and a woman is valid or recognized in California."

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