Difference between revisions of "Proposition 8"

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(Aftermath: same state-law rights as marriage)
(The Campaign for Proposition 8)
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With a total of over 70 million dollars being spent, it became the most expensive campaign on a social proposition in history.
 
With a total of over 70 million dollars being spent, it became the most expensive campaign on a social proposition in history.
  
The measure apparently passed with 52% of the votes being for to 48% against.  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. Obama himself said confusingly that he was against same-sex marriage and against Proposition 8.<ref>http://www.signonsandiego.com/uniontrib/20081106/news_1n6exit.html</ref>
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The measure apparently passed with 52% of the votes being for to 48% against.  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. Obama himself said confusingly that he was against same-sex marriage and against Proposition 8.<ref>[http://www.signonsandiego.com/uniontrib/20081106/news_1n6exit.html Blacks, Latinos helped Prop. 8, exit polls say]</ref>
  
 
==Vandalism and Protests==
 
==Vandalism and Protests==

Revision as of 12:44, February 21, 2009

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. [1] 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 under federal law anyway, and the federal government does not recognize any same-sex marriages.

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. [2]

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. [3] 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 mandated that 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 or by most other states.

The Campaign for Proposition 8

Proposition 8 was written in response to four California Supreme Court Justices who overturned the will of the people and sought to redefine traditional marriage in California.

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

The measure apparently passed with 52% of the votes being for to 48% against. 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. Obama himself said confusingly that he was against same-sex marriage and against Proposition 8.[4]

Vandalism and Protests

Unfortunately the democratic process alone is not sufficient to some. Supporters of gay 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.[5] Ultimately the realization that the people had spoken led to protests and arrests.[6] Continuing protests months after the election have led to more issues.[7] The Holy Redeemer Catholic Church was vandalized with the words Prop H8 and a Nazi swastika in spray paint. [8] The slang H8 stands for 'Hate' or Proposition Hate.

Aftermath

Due to the passage of Proposition 8, 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.[9] Others have postulated the marriages may be converted to domestic partnerships [10], which in California have the same state-law rights as marriage.[11] Regardless of the court, any California couple can convert to a domestic partnership any time the couple wishes.

The California Supreme court will hear three lawsuits which seek to overturn Proposition 8. 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."[12] 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. [13] "Proposition 8's brevity is matched by its clarity. There are no conditional clauses, exceptions, exemptions or exclusions," read Kenneth Starr.

A group of Hollywood actors led by Jack Black created “Prop 8: The Musical.” The music video mocks Christians, defames Christ, and distorts the teaching of the Bible. The video was written by Marc Shaiman, composer for “Hairspray” and “South Park: Bigger, Longer & Uncut.” [14]

References

  1. Voter Information Guide, Proposition 8 [1]
  2. UC Berkeley Institute of Governmental Studies, Same-Sex Marriage in California - Overview and Issues[2]
  3. California Voter Guide, Limit on Marriages. Initiative Statute. Text of Proposition 22 [3] 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."
  4. Blacks, Latinos helped Prop. 8, exit polls say
  5. ABC 30HD, Fresno, CA. "Prop 8 Threat: Fresno Police close to Arrest"
  6. FoxNews.com, Several Gay Marriage Ban Protesters Arrested in Clashes With Police in California, Thursday, November 06, 2008 [4]
  7. http://www.foxnews.com/story/0,2933,450884,00.html
  8. San Francisco Catholic Church Attacked by Pro-Homosexual Marriage Vandals CNSNews, January 13, 2009
  9. 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
  10. The Volokh Conspiracy, What Will Happen to California Same-Sex Marriages?, Eugene Volokh, 11/5/2008
  11. Concurring Opinions,A small wrinkle regarding the Volokh proposal on Prop 8 retroactivity, by Kaimipono D. Wenger, 11/5/2008
  12. AP, Calif. Supreme Court to take up gay marriage ban, Nov 19, 2008 [5]
  13. Prop.8 sponsors seek to nullify 18K gay marriages AP, December 19, 2008
  14. Group Calls for Hollywood to Apologize for ‘Prop 8: The Musical’ CNSNews, December 4, 2009