Dissecting California's Proposition 8 Against Same-Sex Marriage

Proposition 8 (officially called the Eliminates Right of Same-Sex Couples to Marry Act) was an initiative on the November 2008 California voter ballot which altered the California Constitution by defining marriage as between one man and one woman.

The original title of the measure was "California Marriage Protection Act," but it was changed to "Eliminates Right of Same-Sex Couples to Marry Act" by Attorney General Jerry Brown to accurately reflect what the true meaning of the measure.

On May 15, 2008, in a 4-3 decision, California's Supreme Court ruled in favor of plaintiffs (comprised of gay rights group Equality California, almost two dozen gay couples, and the city of San Francisco), who argued that the 2000 law banning same-sex marriage in the state was discriminatory. The decision made California the second U.S. state to legalize gay marriage. Thousands of same-sex couples flocked to the alters. The ruling prompted an anti-gay marriage campaign, which resulted in Proposition 8's placement on the November 2008 voter ballot.

A conservative group of organizers with ties to the anti-gay group Focus on the Family placed Proposition 8 on the ballot. The initiative has gained very public support from The Church of Jesus Christ of Latter Day Saints, California's Roman Catholic bishops and several evangelical ministries.

Amidst very public support for prohibiting same-sex couples from marrying in California, many celebrities joined the voices of gay rights organizations and citizens in opposing the initiative. In September 2008, actor Brad Pitt donated $100,000 to the fight against Proposition 8. "No one has the right to deny another their life, even though they disagree with it, because everyone has the right to live the life they so desire if it doesn’t harm another and because discrimination has no place in America, my vote will be for equality and against Proposition 8," Pitt said in a statement.

Less than a week after Brad Pitt's donation to the campaign against Proposition 8, famed filmmaker Steven Spielberg and his wife Kate Capshaw followed suit with a $100,000 donation of their own. Many other celebrities, including Ellen DeGeneres voiced their opposition to Prop 8.

Proposition 8 passed by a vote of 52.5% approved to 47.5% opposed, defining marriage in the California constitution as between one man and one woman. Passage of the initiative marks the first time a group of individuals have been added to a constitution and then removed.

California Attorney General Jerry Brown says that the passage of Proposition 8 will most likely not be retroactive and existing gay and lesbian marriages (some 18,000) will remain legal:

"I believe that marriages that have been entered into subsequent to the [May 15] Supreme Court opinion will be recognized by the California Supreme Court," Brown told The Chronicle.