Changes

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.

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.

===History of Marriage in California===

==History of Marriage in California==

In 1977, the California legislature amended the California Family Code to remove the gender-neutral definition of marriage and 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, Proposition 22 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>

Historically marriage in the state of California had always been between a man and a woman.  In 1977, the California legislature amended the California Family Code to remove the gender-neutral definition of marriage and 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 gay 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 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 22 passed easily with 61% of the vote, but it was overturned by the Court in May of 2008.  The court went further and [[gay marriage]] was legalized by judicial degree, not by the will of the voters or the legislature.

With over 70 million dollars being spent by both sides, it became one of the most expensive campaign on a social proposition in history.

 

 

With over 70 million dollars being spent all told, it became the most expensive campaign on a social proposition in history.

With 99% of the precincts in, the measure apparently was passed 52% to 48%.  While much was made of the fact that it was losing in the polls up until the time of the election, proponents pointed out that similar measures were often reported as polling poorly, but the actual vote was different.  For instance Proposition 22 was supposed to be too close to call in 2000.  Although it had been claimed that minority voters were against the message, exit polling on election day showed that latinos favored it overall while blacks favored it with a 70% yes vote.  The large number of blacks who came out to vote for [[Barack Obama]] helped to tip the scale for Proposition 8's passing, even though Obama himself said to vote against it.<ref>http://www.signonsandiego.com/uniontrib/20081106/news_1n6exit.html</ref>

With 99% of the precincts in, the measure apparently was passed 52% to 48%.  While much was made of the fact that it was losing in the polls up until the time of the election, proponents pointed out that similar measures were often reported as polling poorly, but the actual vote was different.  For instance Proposition 22 was supposed to be too close to call in 2000.  Although it had been claimed that minority voters were against the message, exit polling on election day showed that latinos favored it overall while blacks favored it with a 70% yes vote.  The large number of blacks who came out to vote for [[Barack Obama]] helped to tip the scale for Proposition 8's passing, even though Obama himself said to vote against it.<ref>http://www.signonsandiego.com/uniontrib/20081106/news_1n6exit.html</ref>

      

      

Unfortunately the Democratic process alone is not sufficient to some.  Supporters of gay marriage vandalized Yes on 8 signs, delivered hate mail, and ultimately death threats, causing 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>

Unfortunately the Democratic process alone is not sufficient to some.  Supporters of gay marriage vandalized Yes on 8 signs, delivered hate mail, and ultimately death threats, causing 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>

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 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.

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 have the same rights 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.

==References==

==References==