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Gay Marriage Foes Want Calif. Voters To Decide Ban

SAN FRANCISCO (AP) ― Gay marriage opponents are urging the California Supreme Court to let voters consider a November ballot measure that would ban same-sex nuptials.

In court papers filed Monday, five California residents asked the high court to toss out a lawsuit filed earlier this month by a group seeking to remove the measure from the ballot.

Equality California says in the lawsuit that the signature petitions used to put the measure, called Proposition 8, on the ballot were misleading. It also says Proposition 8 is a constitutional revision rather than an amendment, which would make it improper to put before voters.

The gay marriage opponents dispute those arguments, saying that any legal challenges should be brought after the election rather than before it.

In another court filing Monday, the attorney general's office said the state takes no position on the issue.

(© 2008 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.)

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