PROPOSITION 8

By Caitlin Blowers

Prop8, officially titled Proposition 8, eliminates the right of same-sex couples to marry. It is a statewide ballot proposition in California. On November 4, 2008, voters approved the measure and made same-sex marriage illegal in California. Proposition 8, before it was declared void by the federal courts, the measure added a new provision, Section 7.5 of the Declaration of Rights to the California Constitution which said, "Only marriage between a man and a woman is valid or recognized in California". Before it passed, same-sex marriage was a constitutionally-protected right in California; a majority of the justices of the California Supreme Court affirmed this understanding of the constitution in May 2008.

By restricting the definition of marriage to opposite-sex couples, the proposition overturned the California Supreme Court's ruling of In re Marriage Cases that same-sex couples have a constitutional right to marry. The wording of Proposition 8 was somewhat the same as the wording in Proposition 22, which, as an ordinary statute, had been invalidated by the Supreme Court. California's State Constitution put Proposition 8 into immediate effect the day after the election. The proposition did not affect domestic partnerships in California, or same-sex marriages performed before November 5, 2008.

The campaign over Proposition 8 was fiercely protested. In the aftermath of the vote, an intense focus on Proposition 8 continued with protests around the country and litigation focusing on many aspects of the financing of the campaign. Three lawsuits seeking to invalidate Proposition 8 were filed soon after the election; on November 19, the California Supreme Court announced it would consider these lawsuits. On May 26, 2009, the California Supreme Court upheld the constitutionality of the amendment.

Prop8 was also a very costly and time consuming proposition. By Election Day, volunteers on both sides spent thousands of hours getting their messages across to the state's 17.3 million registered voters. The campaigns for, and against Prop8 raised around $39.9 million and $43.3 million. Contributions totaled over $83 million from over 64,000 people in all fifty states and more than twenty foreign countries, setting a new record nationally for a social policy initiative and beating every other race in the country in spending, except the presidential contest. Contributions were much greater than those of previous same-sex marriage campaigns. Between 2004 and 2006, twenty two measures were on ballots around the country, and donations to all of them totaled $31.4 million, according to the nonpartisan National Institute on Money in State Politics.

A ProtectMarriage.com spokeswoman estimated that thirty six companies which had previously contributed to Equality California were targeted to receive a letter requesting similar donations to ProtectMarriage.com. The ProtectMarriage.com organization sponsored the initiative that placed Proposition 8 on the ballot. They continue to support the measure. The measure also attracted the support of a number of political figures and religious organizations.

Today, as of August 4, 2010. Prop8 has been overruled. U.S. District Chief Judge Vaughn R. Walker said Proposition 8, violated the federal constitutional rights of gays and lesbians to marry the partners of their choice. His ruling is expected to be appealed to the U.S. 9th Circuit Court of Appeals and then up to the U.S. Supreme Court. Both Gov. Arnold Schwarzenegger and L.A. Mayor Antonio Villaraigosa praised the judge's decision. "Because a judge had the courage to stand up for the constitution of the United States, prop 8 has been overturned!" the mayor wrote on Twitter.














Works Cited
Dolan, M. (2010, August 4). Judge strikes down Prop 8, allows gay marriage in California. .
(2008). Text of Proposition 8, official voter information guide.
www.ag.ca.gov. (n.d.). Retrieved from California Attorney General Webpage.
www.latimes.com. (2008-2010).
www.ProtectMarriage.com. (n.d.).
www.sos.ca.gov. (n.d.). Retrieved from California General Election Tuesday Nov. 4th Voter Information Guide.