What is California Proposition 8?:
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.
Why Prop 8?:
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.Who Was Behind Proposition 8?:
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.Celebrity Opposition To Proposition 8:
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.
Passage of Proposition 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.What About The Same-Sex Couples Who Were Already Legally Married?:
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.
Updates: What's Next?:
- Legal battles and protests over the constitutionality of Prop 8 have already ensued. Robin Tyle and Diane Olson, the first same-sex couple to marry in Los Angeles County, along with two other parties have filed a lawsuit to fight the constitutional amendment. On Wednesday, November 19, the state's high court agreed to consider the cases. California Gov. Arnold Schwarzenegger calls the passing of Prop 8 "unfortunate" and has expressed hope that the California Supreme Court will overturn the measure.
- Attorney General says Prop 8 is invalid. California Attorney General Jerry Brown filed an injunction on December 19th, urging the California Supreme Court to invalidate Proposition 8.
- California Supreme Court Hears Prop 8 Arguments The California Supreme Court began hearings March 5th on the constitutionality of the Prop 8. The high court had 90 days to come to a decision.
- On May 26, 2009, the California Supreme Court upheld Proposition 8, reinforcing the ban on same-sex marriage, but ordered that the marriages of the 18,000 couples married prior to the gay marriage ban be recognized.
