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[[Image:Yes on prop 8 prop 4 sign.jpg|right|thumb|A house in California showing support for Prop 8 and other conservative causes]]

[[Image:Yes on prop 8 prop 4 sign.jpg|right|thumb|A house in California showing support for Prop 8 and other conservative causes]]

'''Proposition 8''' was a ballot proposition in [[California]] that added the following text to Section 7.5 of Article I of the California Constitution:  ''Only marriage between a man and a woman is recognized in California.'' <ref>Voter Information Guide, ''Proposition 8'' [http://www.voterguide.sos.ca.gov/text-proposed-laws/text-of-proposed-laws.pdf#prop8]</ref> It sought to return [[traditional marriage]] to the state. The proposition passed with 52.3% of the vote on November 4, 2008.

'''Proposition 8''' was a ballot proposition in [[California]] that added the following text to Section 7.5 of Article I of the California Constitution:  ''Only marriage between a man and a woman is recognized in California.'' <ref>[http://www.voterguide.sos.ca.gov/text-proposed-laws/text-of-proposed-laws.pdf#prop8 Voter Information Guide, ''Proposition 8'']</ref> It sought to return [[traditional marriage]] to the state. The proposition passed with 52.3% of the vote on November 4, 2008.

The proposition only affected whether same-sex couples could call themselves married under California law, and did not affect any substantive rights. Same-sex couples can still file joint state tax returns, adopt children, and enjoy other marital benefits under the California domestic partnership law. They could not call themselves married under federal law anyway, and the federal government does not recognize any same-sex marriages.

The proposition only affected whether same-sex couples could call themselves married under California law, and did not affect any substantive rights. Same-sex couples can still file joint state tax returns, adopt children, and enjoy other marital benefits under the California domestic partnership law. They could not call themselves married under federal law anyway, and the federal government does not recognize any same-sex marriages.

==History of Marriage in California==

==History of Marriage in California==

Historically marriage in the state of California had always been between a man and a woman as that was the understood definition of marriage.  There was no need to include language that specified gender. In 1977, amidst a changing climate that saw the advent of the gay rights movement, the California legislature amended the California Family Code to make it clear that marriage was between a man and a woman. <ref>UC Berkeley Institute of Governmental Studies, ''Same-Sex Marriage in California - Overview and Issues''[http://igs.berkeley.edu/library/htGayMarriage.html]</ref>   

Historically marriage in the state of California had always been between a man and a woman as that was the understood definition of marriage.  There was no need to include language that specified gender. In 1977, amidst a changing climate that saw the advent of the gay rights movement, the California legislature amended the California Family Code to make it clear that marriage was between a man and a woman.<ref>UC Berkeley Institute of Governmental Studies, ''Same-Sex Marriage in California - Overview and Issues''[http://igs.berkeley.edu/library/htGayMarriage.html]</ref>   

In 2000 the possibility of same-sex marriage being legalized in other states led to Proposition 22 being passed, adding language to restrict California from recognizing the marriages of same-sex couples from other states as valid. <ref>California Voter Guide, ''Limit on Marriages. Initiative Statute.  Text of Proposition 22'' [http://primary2000.sos.ca.gov/VoterGuide/Propositions/22text.htm]  Section 308.5 was added to the Family Code, to read, "Only marriage between a man and a woman is valid or recognized in California."</ref>  Proposition 22 passed easily with 61% of the vote, but it was overturned by California's Supreme Court in May of 2008.  The court also mandated that [[gay marriage|same-sex marriage]] licenses be issued by judicial degree, not by the will of the voters or the legislature. The licenses were not recognized by the federal government and most of the nation.

In 2000 the possibility of same-sex marriage being legalized in other states led to Proposition 22 being passed, adding language to restrict California from recognizing the marriages of same-sex couples from other states as valid.<ref>California Voter Guide, ''Limit on Marriages. Initiative Statute.  Text of Proposition 22'' [http://primary2000.sos.ca.gov/VoterGuide/Propositions/22text.htm]  Section 308.5 was added to the Family Code, to read, "Only marriage between a man and a woman is valid or recognized in California."</ref>  Proposition 22 passed easily with 61% of the vote, but it was overturned by California's Supreme Court in May 2008.  The court also mandated that [[gay marriage|same-sex marriage]] licenses be issued by judicial degree, not by the will of the voters or the legislature. The licenses were not recognized by the federal government and most of the nation.

==The Campaign for Proposition 8==

==The Campaign for Proposition 8==

==Vandalism and Protests==

==Vandalism and Protests==

Supporters of same-sex marriage vandalized some "Yes on 8" signs, sent hate mail, and ultimately made death threats which caused at least one top supporter of Proposition 8 to hire a bodyguard.<ref>ABC 30HD, Fresno, CA. "[http://abclocal.go.com/kfsn/story?section=news/local&id=6479879 Prop 8 Threat: Fresno Police close to Arrest]"</ref>  Ultimately the realization that the people had spoken led to protests and arrests.<ref>FoxNews.com, ''Several Gay Marriage Ban Protesters Arrested in Clashes With Police in California'', Thursday, November 06, 2008 [http://www.foxnews.com/story/0,2933,447744,00.html]</ref>  Continuing protests months after the election have led to more issues.<ref>[http://www.foxnews.com/story/0,2933,450884,00.html Cross-Bearing Woman Says She Was Attacked by Gay Marriage Supporters, May Press Charges] </ref> The Holy Redeemer Catholic Church was vandalized with the words Prop H8 and a Nazi swastika in spray paint. <ref>[http://www.cnsnews.com/public/content/article.aspx?RsrcID=41858 San Francisco Catholic Church Attacked by Pro-Homosexual Marriage Vandals] CNSNews, January 13, 2009</ref> The slang H8 stands for 'Hate' or Proposition Hate.

Supporters of same-sex marriage vandalized some "Yes on 8" signs, sent hate mail, and ultimately made death threats which caused at least one top supporter of Proposition 8 to hire a bodyguard.<ref>ABC 30HD, Fresno, CA. "[http://abclocal.go.com/kfsn/story?section=news/local&id=6479879 Prop 8 Threat: Fresno Police close to Arrest]"</ref>  Ultimately the realization that the people had spoken led to protests and arrests.<ref>FoxNews.com, ''Several Gay Marriage Ban Protesters Arrested in Clashes With Police in California'', Thursday, November 06, 2008 [http://www.foxnews.com/story/0,2933,447744,00.html]</ref>  Continuing protests months after the election have led to more issues.<ref>[http://www.foxnews.com/story/0,2933,450884,00.html Cross-Bearing Woman Says She Was Attacked by Gay Marriage Supporters, May Press Charges]</ref> The Holy Redeemer Catholic Church was vandalized with the words Prop H8 and a Nazi swastika in spray paint.<ref>[http://www.cnsnews.com/public/content/article.aspx?RsrcID=41858 San Francisco Catholic Church Attacked by Pro-Homosexual Marriage Vandals] CNSNews, January 13, 2009</ref> The slang H8 stands for 'Hate' or Proposition Hate.

==Aftermath==

==Aftermath==

Due to the text that Proposition 8 added to the states constitution, same-sex marriage licenses are no longer being issued in California.

Due to the text that Proposition 8 added to the states constitution, same-sex marriage licenses are no longer being issued in California.

California Attorney General Jerry Brown has argued that the 18,000 same-sex marriages that were performed before Proposition 8 passed should still be considered valid in California.<ref>[http://www.aclu.org/lgbt/relationships/37701prs20081105.html ACLU:''California Will Honor Marriages of Same-Sex Couples Married Before the Possible Passage of Prop. 8, Initiative Would Apply to Future Marriages'', 11/5/2008]</ref>  Others have postulated the marriages may be converted to domestic partnerships <ref>[http://www.volokh.com/posts/1225907782.shtml The Volokh Conspiracy, ''What Will Happen to California Same-Sex Marriages?'', Eugene Volokh, 11/5/2008]</ref>, which in California have the same state-law rights as marriage.<ref>[http://www.concurringopinions.com/archives/2008/11/the_odd_legal_g.html Concurring Opinions,''A small wrinkle regarding the Volokh proposal on Prop 8 retro-activity'', by Kaimipono D. Wenger, 11/5/2008]</ref> Regardless of the court, any California couple can convert to a domestic partnership any time the couple wishes.

California Attorney General Jerry Brown has argued that the 18,000 same-sex marriages that were performed before Proposition 8 passed should still be considered valid in California.<ref>[http://www.aclu.org/lgbt/relationships/37701prs20081105.html ACLU:''California Will Honor Marriages of Same-Sex Couples Married Before the Possible Passage of Prop. 8, Initiative Would Apply to Future Marriages'', 11/5/2008]</ref>  Others have postulated the marriages may be converted to domestic partnerships,<ref>[http://www.volokh.com/posts/1225907782.shtml The Volokh Conspiracy, ''What Will Happen to California Same-Sex Marriages?'', Eugene Volokh, 11/5/2008]</ref> which in California have the same state-law rights as marriage.<ref>[http://www.concurringopinions.com/archives/2008/11/the_odd_legal_g.html Concurring Opinions,''A small wrinkle regarding the Volokh proposal on Prop 8 retro-activity'', by Kaimipono D. Wenger, 11/5/2008]</ref> Regardless of the court, any California couple can convert to a domestic partnership any time the couple wishes.

Following the passage, a group of gay couples and governmental entities (a small collection of coastal cities and counties) have filed suit against Proposition 8. The California Supreme court accepted the three lawsuits which sought to overturn Proposition 8 (Strauss v. Horton, Tyler v. California, San Francisco v. Horton). According to the AP, "All three cases claim the ban abridges the civil rights of a vulnerable minority group. They argue that voters alone did not have the authority to enact such a significant constitutional change."<ref>AP, ''Calif. Supreme Court to take up gay marriage ban'', Nov 19, 2008 [http://apnews.myway.com/article/20081119/D94I8U1G3.html]</ref>  Similar laws upholding traditional marriage had already been passed in 30 other states.

Following the passage, a group of gay couples and governmental entities (a small collection of coastal cities and counties) have filed suit against Proposition 8. The California Supreme court accepted the three lawsuits which sought to overturn Proposition 8 (Strauss v. Horton, Tyler v. California, San Francisco v. Horton). According to the AP, "All three cases claim the ban abridges the civil rights of a vulnerable minority group. They argue that voters alone did not have the authority to enact such a significant constitutional change."<ref>[http://apnews.myway.com/article/20081119/D94I8U1G3.html AP, ''Calif. Supreme Court to take up gay marriage ban'', Nov 19, 2008]</ref>  Similar laws upholding traditional marriage had already been passed in 30 other states.

The sponsors of Proposition 8 asked the California Supreme Court on December 19th to no longer recognize the alleged marriages of the estimated 18,000 same-sex couples who exchanged vows before voters approved the ballot initiative that said that same-sex marriages were not to be recognized. <ref>[http://www.foxnews.com/wires/2008Dec19/0,4670,GayMarriageLawsuits,00.html Prop.8 sponsors seek to nullify 18K gay marriages] AP, December 19, 2008</ref> "Proposition 8's brevity is matched by its clarity. There are no conditional clauses, exceptions, exemptions or exclusions,".

The sponsors of Proposition 8 asked the California Supreme Court on December 19 to no longer recognize the alleged marriages of the estimated 18,000 same-sex couples who exchanged vows before voters approved the ballot initiative that said that same-sex marriages were not to be recognized.<ref>[http://www.foxnews.com/wires/2008Dec19/0,4670,GayMarriageLawsuits,00.html Prop.8 sponsors seek to nullify 18K gay marriages] AP, December 19, 2008</ref> "Proposition 8's brevity is matched by its clarity. There are no conditional clauses, exceptions, exemptions or exclusions,".

Oral arguments were heard March 5, 2009, and the decision was rendered May 26, 2009.  The California Supreme Court voted to uphold the proposition, but maintain state recognition of same-sex marriages already performed.<ref>http://www.courtinfo.ca.gov/opinions/documents/S168047.PDF</ref>

Oral arguments were heard March 5, 2009, and the decision was rendered May 26, 2009.  The California Supreme Court voted to uphold the proposition, but maintain state recognition of same-sex marriages already performed.<ref>http://www.courtinfo.ca.gov/opinions/documents/S168047.PDF</ref>