Difference between revisions of "Proposition 8"

Revision as of 19:32, December 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. ^[1] It sought to return traditional marriage to the state. The proposition passed with 52.3% of the vote on November 4, 2008.

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 gay marriage was legalized by judicial degree, not by the will of the voters or the legislature.

The Campaign for Proposition 8

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

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.^[4]

Vandalism and Protests

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.^[5] Ultimately the realization that the people had spoken led to protests and arrests.^[6] Continuing protests a week after the election have led to more issues.^[7]

Aftermath

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.^[8] Others have postulated the marriages may be converted to domestic partnerships ^[9], which in California have the same rights as marriage.^[10] The leaders of the Proposition 8 petition have not taken a position in this matter.

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."^[11] Similar laws upholding traditional marriage had already been passed in 30 other states.

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. ↑ http://www.signonsandiego.com/uniontrib/20081106/news_1n6exit.html
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. ↑ 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 [5]
9. ↑ The Volokh Conspiracy, What Will Happen to California Same-Sex Marriages?, Eugene Volokh, November 5, 2008 [6]
10. ↑ Concurring Opinions, A small wrinkle regarding the Volokh proposal on Prop 8 retroactivity, by Kaimipono D. Wenger, November 05, 2008 [7] 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.
11. ↑ AP, Calif. Supreme Court to take up gay marriage ban, Nov 19, 2008 [8]