Prop. 8 backers drop challenge on wording

Prop. 8 backers drop challenge on wording

08-11) 13:15 PDT SAN FRANCISCO -- The state's official description of Proposition 8 on the November ballot will remain as is, a statement that the measure would eliminate same-sex couples' right to marry in California.

Sponsors of the measure argued that the title and summary drafted by Attorney General Jerry Brown were argumentative and designed to encourage voters to oppose Prop. 8. But after two defeats in court last week, the Yes on 8 campaign said Monday that it would not appeal to the state Supreme Court.

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

The initiative would amend the state Constitution to ban same-sex marriage. Brown titled it "Limit on Marriage" when the measure was circulated for signatures.

But after the state's high court ruled in May that gay and lesbian couples have the right to marry under the state Constitution, the Democratic attorney general changed the title, saying Prop. 8 would now eliminate rights that the court had established. The new title states the measure "eliminates (the) right of same-sex couples to marry."

Sponsors of Prop. 8 filed suit, claiming Brown's title was one-sided. They argued that the measure should bear no title at all except for its brief text: "Only marriage between a man and a woman is valid or recognized in California."

But a Sacramento Superior Court judge ruled Friday that Brown's reference to an elimination of rights was an accurate description of the purpose and effect of Prop. 8, and a state appeals court in Sacramento turned down an emergency appeal by the Yes on 8 campaign late Friday.

Monday was the deadline for court action on the wording of ballot summaries and arguments in the voter pamphlet, which are due at the state printer's office after the close of business this afternoon.

E-mail Bob Egelko at begelko@sfchronicle.com.