While not conceding defeat, opponents of the ballot measure that would end same-sex marriage in California filed a petition with the California Supreme Court to invalidate the proposed constitutional amendment.
The petition charges that Proposition 8 is invalid because the initiative process was improperly used in an attempt to undo the state constitution's core commitment to equality for everyone.
Californians adopted the measure to overturn the Supreme Court's decision in May that gave gay couples the right to wed. Vote total show supporters of Propostion 8 with a 400,00-vote advantage. But opponents would not concede the outcome.
Kate Kendall, executive director of the National Center for Lesbian Rights, said 3 million to 4 million ballots remain uncounted statewide.
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Wednesday's petition was filed by the American Civil Liberties Union, Lambda Legal and the National Center for Lesbian Rights