California's Proposition 8 and Same-Sex Marriage
State Voters to Decide on Gay Marriage Bill on November 4, 2008
© Kat Long
Oct 19, 2008
California voters will be asked to decide whether same-sex marriage will remain legal in the state, or to approve a constitutional amendment to define marriage as between a man and woman, on Election Day 2008. The fight for or against Prop 8 has become especially heated in the last few weeks before November 4, especially among LGBT voters. But what is Prop 8, and how did it become the hot-button issue on California’s ballot?
Same-Sex Marriage in California: A Brief History
One of the most liberal states in the Union, California boasts a long history of LGBT equality initiatives and inclusionary laws. Until 1977, legal statutes regarding marriages used language that was gender-neutral; that year, the California legislature amended the state’s Family Code to specify that “marriage is a personal relation arising out of a civil contract between a man and a woman.” In 2000, voters approved a ballot measure, Proposition 22, which further stated that “only marriage between a man and a woman is valid or recognized in California.”
In February and March 2004, San Francisco Mayor Gavin Newsom declared that banning same-sex marriage violated the state constitution and began issuing marriage licenses to gay and lesbian couples. These licenses were later invalidated by the state Supreme Court. In 2005 and 2007, Governor Arnold Schwarzenegger vetoed the pro-gay-marriage Religious Freedom and Civil Marriage Protection Act, claiming that it was the courts’ or voters’ responsibility to decide the measure, not the legislature’s.
On May 15, 2008, the state Supreme Court overturned Proposition 22 on the grounds that it violated the state Constitution’s equal-protection clause. Since June 15, 2008 legal same-sex marriages have been performed throughout the state.
What Will Proposition 8 Do?
Proposition 8, if passed by a majority of voters, will amend the California Constitution to specifically outlaw same-sex marriage. The amendment would be added to Article I, Section 7 of the Constitution, to read:
“SEC. 7.5. Only marriage between a man and a woman is valid or recognized in California.”
This amendment would permanently ban same-sex marriages in California.
Supporters and Opponents
ProtectMarriage.com is the primary “Yes on 8” campaign, which represents a coalition of politically right-wing organizations, religious groups, state politicians and individuals. Among the notable supporters of Prop 8 are the American Family Association, Family Research Council, Focus on the Family, and the Eagle Forum of California, all Religious Right organizations. Some supporters fear that Prop 8 will force children to learn about homosexuality in school. Republican Presidential candidate John McCain has repeatedly called same-sex marriage an issue for states to decide upon, and told U.S. News and World Report in June 2008 that "I support the efforts of the people of California to recognize marriage as a unique institution between a man and a woman.”
Opponents of Prop 8, under the campaign Equality for All (noonprop8.com), include statewide and national LGBT organizations, community and faith-based organizations, and civil rights groups such as the ACLU, the Anti-Defamation League, the NAACP and the Gay and Lesbian Alliance Against Defamation (GLAAD). Most major newspapers in California, including the Los Angeles Times, San Diego Union Tribune, Sacramento Bee, and San Francisco Chronicle also oppose Prop 8. Democratic Presidential candidate Barack Obama supports civil unions rather than marriage, though he opposes Prop 8. As reported in the Sacramento Bee on July 1, 2008, Obama stated that he supports “fully equal rights and benefits to same-sex couples under both state and federal law.”
Many voters across California and the country are watching the Prop 8 battle. If it fails on November 4, LGBT people hope that it indicates a political swing in the direction of equality and fairness for all.
