On July 16, 2008, the California Supreme Court denied a petition calling for the removal of Proposition 8 from the November ballot.
The petition asserted the proposition should not be on the ballot on the grounds it was a constitutional revision that only the Legislature or a constitutional convention could place before voters.
The court ruled that it was unconstitutional for California to grant marriage rights to same-sex couples, only to take them away shortly after.
Therefore, the Supreme Court vacated the decision of the Ninth Circuit, and remanded the case for further proceedings.
The decision left the district court's 2010 ruling intact.
The measure was titled: "Eliminates Rights of Same-Sex Couples to Marry.
Initiative Constitutional Amendment." The ballot summary read that the measure "changes the California Constitution to eliminate the right of same-sex couples to marry in California." As California State Attorney General, Jerry Brown (shown here campaigning for Governor in 2010) had the ballot's description and title changed from "Limit on Marriage" to "Eliminates the right of same-sex couples to marry" California Attorney General Jerry Brown explained that the changes were required to more "accurately reflect the measure" in light of the California Supreme Court's intervening In re Marriage Cases decision.
On June 26, 2013, the Supreme Court of the United States issued its decision on the appeal in the case Hollingsworth v.