Proposition 8
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. [1] 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.
With over 70 million dollars being spent by both sides, it became one of the most expensive campaigns on a single issue 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.
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. Ultimately the realization that the people had spoken led to protests and arrests.[2]
The ACLU states "The California Attorney General, Equality California, and the nation's leading LGBT legal groups agree that the marriages of the estimated 18,000 same-sex couples who married between June 16, 2008 and the possible passage of Proposition 8 are still valid in the state of California and must continue to be honored by the state."[3] Others disagree, including blogger Eugene Volokh, who outlines several different possible outcomes, including converting the marriages to domestic partnerships, which in California have the same rights as marriage.[4]
References
- ↑ Voter Information Guide, Proposition 8 [1]
- ↑ FoxNews.com, Several Gay Marriage Ban Protesters Arrested in Clashes With Police in California, Thursday, November 06, 2008 [2]
- ↑ 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 [3]
- ↑ The Volokh Conspiracy, What Will Happen to California Same-Sex Marriages?, Eugene Volokh, November 5, 2008 [4]