Former Speaker of the House Newt Gingrich has released a video on YouTube urging Californians to vote for Proposition 8 – the constitutional amendment that would make gay marriage in the State illegal once more – where he falsely claims that California Supreme Court judges are appointees.

“Our courts have an important role to play in our government, but it is not their role to define American values. That right belongs with the people.” Gingrich says in his two minute thirty-nine second appeal. “As you know in 2000 California voters went to the polls and voted overwhelmingly in favor of legally protecting marriage. Earlier this year four judges overruled the will of the people and declared the law that protected marriage unconstitutional.”

“Think about that. Four appointed lawyers – that's all judges are – overruled more than four million California voters.”

Gingrich should know that in California, Supreme Court judges are elected for twelve year terms.

In fact, several judges have been removed by voters after making unpopular decisions. In 1986, three judges, Chief Justice Rose Bird and Associate Justices Cruz Reynoso and Joseph Grodin, lost their seats after voters rejected their opposition to capital punishment.

Gingrich's opposition to gay marriage is certain fodder for tabloid gossip. The Contract with America co-author has been married three times and divorced twice.  And has admitted to having an affair while leading the charge against then-President Bill Clinton over the Monica Lewinsky affair.

“There were times when I was praying and when I felt I was doing things that were wrong. But I was still doing them,” he told The Associated Press in a 2007 interview. “I look back on those as periods of weakness and periods that I'm ... not proud of.”

Gingrich stepped down from his leadership position, and Congress, in 1998 after he was blamed for loosing five Republican House seats in that year's election over his push to impeach Bill Clinton.

Meanwhile, financing for the gay marriage issue continues to stream into California at a breakneck pace. Those in favor of gay marriage – and defeat of Prop 8 – say they have raised $11.6 million, while opponents have $11.9 million in their coffers, according to data filed with the secretary of state.

Still, the proposition to ban gay marriage by enshrining it into the State's constitution appears to be failing. A recent poll released by the Public Policy Institute of California shows only forty percent of voters supporting the gay marriage ban.