California Proposition 8, Same-Sex Marriage Ban Initiative (2008)
California Proposition 8 | |
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Election date November 4, 2008 | |
Topic Marriage and family | |
Status Approved | |
Type Constitutional amendment | Origin Citizens |
California Proposition 8 was on the ballot as an initiated constitutional amendment in California on November 4, 2008. It was approved.
A "yes" vote supported this constitutional amendment to define marriage as between one man and one woman, thus reversing a state judicial ruling that legalized same-sex marriage in California. |
A "no" vote opposed this constitutional amendment to define marriage as between one man and one woman, thus maintaining a state judicial ruling that legalized same-sex marriage in California. |
Overview
What did Proposition 8 change?
Proposition 8 added language to the California Constitution that defined marriage as between one man and one woman. As the California Supreme Court ruled that same-sex marriage was legal in California on May 15, 2008, Proposition 8 had the effect of reversing the court's ruling and banning same-sex marriage. In 2009, the California Supreme Court ruled that Proposition 8 "carved out a limited [or 'narrow'] exception to the state equal protection clause" and prohibited same-sex marriage under the California Constitution.[1][2]
When was Proposition 8 overturned?
Proposition 8 was upheld under state constitutional law but not federal constitutional law. On August 4, 2010, U.S. District Court Judge Vaughn Walker ruled that Proposition 8 violated the U.S. Constitution.[3] However, the decision was stayed on appeal to the Ninth Circuit Court of Appeals and U.S. Supreme Court. The Ninth Circuit upheld the district court's ruling to invalidate Proposition 8 on February 7, 2012. The U.S. Supreme Court denied an appeal on June 26, 2013, and the Ninth Circuit permitted same-sex marriages to begin on June 28, 2013.[4]
Aftermath
Strauss v. Horton (State)
On May 26, 2009, the California Supreme Court ruled that Proposition 8 was constitutional but that same-sex marriages performed before the constitutional amendment went into effect remained valid. The court's opinion stated that "by incorporating into the California Constitution a specific provision that expressly restricts the designation of 'marriage' to the union of a man and a woman, Proposition 8 must be understood as creating a limited exception to the state equal protection clause."[5]
Hollingsworth v. Perry (Federal)
On August 4, 2010, U.S. District Court Judge Vaughn Walker ruled that Proposition 8 violated the U.S. Constitution.[6] However, the decision was stayed on appeal to the Ninth Circuit Court of Appeals and U.S. Supreme Court. The Ninth Circuit upheld the district court's ruling to overturn Proposition 8 on February 7, 2012. The U.S. Supreme Court denied an appeal on June 26, 2013, and the Ninth Circuit permitted same-sex marriages beginning on June 28, 2013.[7]
The U.S. Supreme Court dismissed the case on the grounds that the defendants, who were the campaign's sponsors, did not have legal standing.[8]
Election results
California Proposition 8 |
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Result | Votes | Percentage | ||
7,001,084 | 52.24% | |||
No | 6,401,482 | 47.76% |
Text of measure
Ballot title
The ballot title for Proposition 8 was as follows:
“ | Eliminates Right of Same-sex Couples to Marry. Initiative Constitutional Amendment. | ” |
Ballot summary
The ballot summary for this measure was:
“ |
• Changes the California Constitution to eliminate the right of same-sex couples to marry in California. • Provides that only marriage between a man and a woman is valid or recognized in California. | ” |
Full Text
The full text of this measure is available here.
Fiscal impact statement
The fiscal impact statement was as follows:[9]
“ |
• Over the next few years, potential revenue loss, mainly from sales taxes, totaling in the several tens of millions of dollars, to state and local governments. • In the long run, likely little fiscal impact on state and local governments.[10] |
” |
Constitutional changes
The ballot measure added the following underlined language to Article I of the California Constitution:[9]
Only marriage between a man and a woman is valid or recognized in California.[10] |
Support
Protect Marriage, also known as Yes on 8, led the campaign in support of Proposition 8.[11]
Supporters
Officials
- U.S. Sen. John McCain (R-Ariz.), presidential candidate in 2008[12]
- State Asm. Doug LaMalfa (R)[13]
Organizations
- American Family Association[11]
- California Catholic Conference of Bishops[13]
- California Family Council[13]
- Concerned Women for America[11]
- Focus on the Family[13]
- Knights of Columbus[11]
- National Organization for Marriage[13]
- The Church of Jesus Christ of Latter-Day Saints[13]
- Union of Orthodox Jewish Congregations of America[14]
- U.S. Conference of Catholic Bishops[13]
Arguments
The following supporting arguments were presented in the official voter guide:[9]
|
Opposition
Opponents
Officials
- U.S. Sen. Barack Obama (D-Ill.), presidential candidate in 2008[15]
Parties
Organizations
- ACLU of Northern California[16]
- California Teachers Association[16]
- California SEIU[16]
- Equality California[16]
- Human Rights Campaign[16]
Individuals
- William Resnick[16]
Arguments
The following opposing arguments were presented in the official voter guide:[9]
|
Background
Same-sex marriage in California before Proposition 8
In 1977, the state adopted a statute that defined marriage as a "personal relation arising out of a civil contract between a man and a woman." In 2000, voters approved Proposition 22, an initiated state statute that said that "only marriage between a man and a woman is valid or recognized in California."
In 2004, San Francisco Mayor Gavin Newsom (D) performed same-sex marriages in San Francisco, which were annulled in court. The California Supreme Court ruled that same-sex marriage was legal under the California Constitution on May 15, 2008.
Related measures
Voters approved ballot measures to define marriage as between one male and one female in the following 30 states. The first such measure was in 1998, and the latest one occurred in May 2012. Bans on same-sex marriage were invalidated in the 2015 United States Supreme Court case Obergefell v. Hodges.
- 1998: Alaska
- 2000: Nebraska
- 2002: Nevada
- 2004: Arkansas
- 2004: Georgia
- 2004: Kentucky
- 2004: Louisiana
- 2004: Michigan
- 2004: Mississippi
- 2004: Missouri
- 2004: Montana
- 2004: North Dakota
- 2004: Ohio
- 2004: Oklahoma
- 2004: Oregon
- 2004: Utah
- 2005: Kansas
- 2005: Texas
- 2006: Alabama
- 2006: Colorado
- 2006: Idaho
- 2006: South Carolina
- 2006: South Dakota
- 2006: Tennessee
- 2006: Virginia
- 2006: Wisconsin
- 2008: Arizona
- 2008: California
- 2008: Florida
- 2012: North Carolina
Polls
- See also Polls, 2008 ballot measures.
PPIC post-election polling on Proposition 8
The Public Policy Institute of California released a poll in December 2008 that surveyed 2,003 voters between November 5 and November 16 on Proposition 8. Of the 2,003 voters polled, the following is how various people reported voting:[17]
- 85% of voters identifying themselves as evangelical or born-again Christian voted "Yes."
- 42% of voters identifying as Christians but not evangelicals voted "Yes"
- 77% of Republicans voted "Yes."
- 65% of Democrats voted "No."
- 85% of voters who also voted for John McCain voted "Yes."
- 30% of voters who also voted for Barack Obama voted "Yes."
- 61% of voters identifying as Latino voted "Yes."
- 62% of those without a college degree voted "Yes."
Path to the ballot
In California, the number of signatures required for an initiated constitutional amendment is equal to 8 percent of the votes cast at the preceding gubernatorial election. For initiated amendments filed in 2008, at least 694,354 valid signatures were required.
See also
External links
Footnotes
- ↑ Howard University Law Library, "Proposition 8," accessed February 22, 2021
- ↑ New York Times, "Top Court in California Will Review Proposition 8," November 19, 2008
- ↑ New York Times, "Court Rejects Same-Sex Marriage Ban in California," August 4, 2010
- ↑ NBC Los Angeles, "Timeline of California's Prop 8," June 25, 2013
- ↑ California Supreme Court, "Strauss v. Horton," accessed February 22, 2021
- ↑ New York Times, "Court Rejects Same-Sex Marriage Ban in California," August 4, 2010
- ↑ NBC Los Angeles, "Timeline of California's Prop 8," June 25, 2013
- ↑ Huffington Post, "Supreme Court Rules On Prop 8, Lets Gay Marriage Resume In California," June 26, 2013
- ↑ 9.0 9.1 9.2 9.3 California Secretary of State, "Voter Guide, General Election 2008," accessed February 22, 2021
- ↑ 10.0 10.1 10.2 10.3 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source. Cite error: Invalid
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tag; name "quotedisclaimer" defined multiple times with different content - ↑ 11.0 11.1 11.2 11.3 Cal-Access, "ProtectMarriage.com," accessed February 22, 2021
- ↑ U.S. News, "McCain Supports Efforts to Ban Gay Marriage," June 27, 2008
- ↑ 13.0 13.1 13.2 13.3 13.4 13.5 13.6 ProtectMarriage.com, "Homepage," accessed February 22, 2021
- ↑ The Jewish Daily Forward, "Orthodox Join Fight Against Gay Nuptials," August 28, 2008
- ↑ New York Times, "Same-Sex Marriage Ban Is Tied to Obama Factor," September 20, 2008
- ↑ 16.0 16.1 16.2 16.3 16.4 16.5 16.6 Cal-Access, "No on 8," accessed February 21, 2021
- ↑ Los Angeles Times, "New poll confirms who liked--and opposed--Prop 8 on same-sex marriage," December 3, 2008
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