Changes

If California's Proposition 8 passes, the following text would be added to the text of 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.

California's Proposition 8 of 2008 passed, adding 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.

Proposition 8 was in response to the four California Supreme Court Justices overturning the will of the people who voted in 2000 on Proposition 22 that marriage was between a man and a woman.  Proposition 22 passed easily with 61% of the vote.  It was overturned by the Court and in May of 2008 [[gay marriage]] was legalized by judicial degree, not by the will of the voters or the legislature.

Proposition 8 was in response to the four California Supreme Court Justices overturning the will of the people who voted in 2000 on Proposition 22 that marriage was between a man and a woman.  Proposition 22 passed easily with 61% of the vote.  It was overturned by the Court and in May of 2008 [[gay marriage]] was legalized by judicial degree, not by the will of the voters or the legislature.

Due to the passage of Proposition 8, homosexual marriages are no longer being granted in California.

Due to the passage of Proposition 8, homosexual marriages are no longer being granted in California.

California Attorney General Jerry Brown believes marriages that were performed before Proposition 8 passed are still valid.<ref>ACLU, ''California Will Continue to Honor Marriages of Same-Sex Couples Who Married Before the Possible Passage of Prop. 8, Initiative Would Only Apply to Future Marriages'', 11/5/2008</ref>  Others have postulated the marriages may be converted into gay civil unions, which in California have the same rights as marriage.<ref>The Volokh Conspiracy, ''What Will Happen to California Same-Sex Marriages?'', Eugene Volokh, November 5, 2008 [http://www.volokh.com/posts/1225907782.shtml]</ref>  The leaders of the Proposition 8 petition have not taken a position in this matter.

California Attorney General Jerry Brown believes that the 18,000 same-sex marriages that were performed before Proposition 8 passed are still valid.<ref>ACLU, ''California Will Continue to Honor Marriages of Same-Sex Couples Who Married Before the Possible Passage of Prop. 8, Initiative Would Only Apply to Future Marriages'', 11/5/2008 [http://www.aclu.org/lgbt/relationships/37701prs20081105.html]</ref>  Others have postulated the marriages may be converted to domestic partnerships <ref>The Volokh Conspiracy, ''What Will Happen to California Same-Sex Marriages?'', Eugene Volokh, November 5, 2008 [http://www.volokh.com/posts/1225907782.shtml]</ref>, which in California are similar, as far as rights and requirements, as marriage.<ref>Concurring Opinions, ''A small wrinkle regarding the Volokh proposal on Prop 8 retroactivity'', by Kaimipono D. Wenger, November 05, 2008 [http://www.concurringopinions.com/archives/2008/11/the_odd_legal_g.html] Marriage is not exactly the same as domestic partnership in California.  For example, both partners must have a common residence in order to enter a domestic partnership, and both partners must be over 18; neither of these are required for marriage.  </ref>  The leaders of the Proposition 8 petition have not taken a position in this matter.

 

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