Proposition 8

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. 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.

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. 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 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.

With 99% of the precincts in, 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, even though Obama himself said to vote against it.

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. Ultimately the realization that the people had spoken led to protests and arrests. Continuing protests months after the election have led to more issues. The Holy Redeemer Catholic Church was vandalized with the words Prop H8 and a Nazi swastika in spray paint. The slang H8 stands for 'Hate' or Proposition Hate.

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. Others have postulated the marriages may be converted to domestic partnerships , which in California have the same rights as marriage. 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." 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 nullify the marriages of the estimated 18,000 same-sex couples who exchanged vows before voters approved the ballot initiative that outlawed gay marriage. "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.”