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Arizona Proposition 102 (2008)
Encyclopedia
Arizona Proposition 102 was an amendment to the constitution of the state of Arizona
adopted by a referendum
held in 2008. It added Article 30 of the Arizona Constitution, which says:"Only a union of one man and one woman shall be valid or recognized as a marriage in this state."
and Secretary Of State
agreed that the ballot description would state that same-sex marriage was already prohibited by statute
. By incorporating the same provision into the Arizona Constitution
, however, it would become impossible for an Arizona court to rule that the statute was invalid under the terms of the Arizona Constitution.
Along with similar measures in Proposition 8
in California and Amendment 2 in Florida, Proposition 102 was decided by voters in the general election on November 4, 2008. The amendment passed by a margin of 56% in favor and 44% against.
Proposition 102 did not immediately change the lives of Arizonans — the definition of marriage set by the proposition was consistent with existing statute. However, because the proposition was an amendment to the Constitution of Arizona, the law now cannot be changed by the state legislature, and the possibility that the state judiciary might find a state constitutional guarantee of same-sex couples' right to marry is eliminated.
Supporters said that Proposition 102 was necessary to prevent judges changing the legal definition of marriage, as was done in Massachusetts
, California
, and Connecticut
. Opponents said that Proposition 102 was unnecessary because same-sex marriage was already illegal in Arizona, and that there were more pressing issues facing Arizona; also they cited the issue of the separation of church and state.
State Senators Jack W Harper, Ronald Gould, Thayer Verschoor, and John Huppenthal stood out as the proponents of the Marriage Amendment to the Arizona State Constitution. The language of Prop 102 was adopted as a strike-everything amendment to Senator Gould's SCR1042.
In 2006, a more restrictive measure, Proposition 107, was defeated in the general election.
Arizona
Arizona ; is a state located in the southwestern region of the United States. It is also part of the western United States and the mountain west. The capital and largest city is Phoenix...
adopted by a referendum
Referendum
A referendum is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. This may result in the adoption of a new constitution, a constitutional amendment, a law, the recall of an elected official or simply a specific government policy. It is a form of...
held in 2008. It added Article 30 of the Arizona Constitution, which says:"Only a union of one man and one woman shall be valid or recognized as a marriage in this state."
Overview
On August 26, 2008, the Arizona Attorney GeneralTerry Goddard
Samuel Pearson "Terry" Goddard III was the Attorney General of Arizona, from 2003 to 2011, who also served as Mayor of Phoenix, Arizona from 1984 to 1990....
and Secretary Of State
Jan Brewer
Janice Kay "Jan" Brewer is the 22nd and current Governor of the U.S. state of Arizona and a member of the Republican Party. She is the fourth woman, and third consecutive woman, to hold the office...
agreed that the ballot description would state that same-sex marriage was already prohibited by statute
Statute
A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...
. By incorporating the same provision into the Arizona Constitution
Arizona Constitution
The Constitution of the State of Arizona is the governing document and framework for the U.S. state of Arizona. The current constitution is the first and only adopted by the state of Arizona.-History:...
, however, it would become impossible for an Arizona court to rule that the statute was invalid under the terms of the Arizona Constitution.
Along with similar measures in Proposition 8
California Proposition 8 (2008)
Proposition 8 was a ballot proposition and constitutional amendment passed in the November 2008 state elections...
in California and Amendment 2 in Florida, Proposition 102 was decided by voters in the general election on November 4, 2008. The amendment passed by a margin of 56% in favor and 44% against.
Proposition 102 did not immediately change the lives of Arizonans — the definition of marriage set by the proposition was consistent with existing statute. However, because the proposition was an amendment to the Constitution of Arizona, the law now cannot be changed by the state legislature, and the possibility that the state judiciary might find a state constitutional guarantee of same-sex couples' right to marry is eliminated.
Supporters and opponents
As of August 27, 2008 three committees related to Proposition 102 were registered with the Secretary of State: YESforMarriage.com supporting Prop 102 was the one committee in support, and the two committees in opposition were No on Prop 102 and Arizona Together Opposed to Prop 102.Supporters said that Proposition 102 was necessary to prevent judges changing the legal definition of marriage, as was done in Massachusetts
Massachusetts
The Commonwealth of Massachusetts is a state in the New England region of the northeastern United States of America. It is bordered by Rhode Island and Connecticut to the south, New York to the west, and Vermont and New Hampshire to the north; at its east lies the Atlantic Ocean. As of the 2010...
, California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
, and Connecticut
Same-sex marriage in Connecticut
Connecticut joined Massachusetts as one of two states in the U.S. to perform marriages of same-sex couples on November 12, 2008. Connecticut was the third state to do so, but only the second where the decision was not repealed.-Civil union:...
. Opponents said that Proposition 102 was unnecessary because same-sex marriage was already illegal in Arizona, and that there were more pressing issues facing Arizona; also they cited the issue of the separation of church and state.
Miscellaneous
Proposition 102 was placed on the ballot via referendum rather than through the initiative process on the last day of the legislative session. Presiding State Senator Jack Harper defeated an illegal filibuster on June 27th, 2008 to place the proposed Constitutional Amendment on the ballot. Harper faced an ethics investigation over allegedly violating Senate rules by cutting off the microphones of two senators who were attempting to filibuster the bill. Despite the fact that Sen. Harper admitted to cutting off the microphones intentionally, a Senate ethics committee consisting three Republicans and two Democrats voted 3–2, along party lines, to dismiss the charges.State Senators Jack W Harper, Ronald Gould, Thayer Verschoor, and John Huppenthal stood out as the proponents of the Marriage Amendment to the Arizona State Constitution. The language of Prop 102 was adopted as a strike-everything amendment to Senator Gould's SCR1042.
In 2006, a more restrictive measure, Proposition 107, was defeated in the general election.
Results
By county
| County | Yes | No |
|---|---|---|
| Apache County Apache County, Arizona -2010:Whereas according to the 2010 U.S. Census Bureau:*23.3% White*0.2% Black*72.9% Native American*0.3% Asian*0.0% Native Hawaiian or Pacific Islander*2.0% Two or more races*1.3% Other races*5.8% Hispanic or Latino -2000:... |
76% (18,044) | 23% (5,405) |
| Cochise County Cochise County, Arizona -2010:Whereas according to the 2010 U.S. Census Bureau:*78.5% White*4.2% Black*1.2% Native American*1.9% Asian*0.3% Native Hawaiian or Pacific Islander*4.0% Two or more races*9.6% Other races*32.4% Hispanic or Latino -2000:... |
63% (30,492) | 37% (17,582) |
| Coconino County Coconino County, Arizona -2010:Whereas according to the 2010 U.S. Census Bureau:*61.7% White*1.2% Black*27.3% Native American*1.4% Asian*0.1% Native Hawaiian or Pacific Islander*3.1% Two or more races*5.2% Other races*13.5% Hispanic or Latino -2000:... |
50% (26,845) | 49% (22,279) |
| Gila County Gila County, Arizona -2010:Whereas according to the 2010 U.S. Census Bureau:*76.8% White*0.4% Black*14.8% Native American*0.5% Asian*0.1% Native Hawaiian or Pacific Islander*2.0% Two or more races*5.4% Other races*17.9% Hispanic or Latino -2000:... |
68% (14,443) | 32% (6,884) |
| Graham County Graham County, Arizona -2010:Whereas according to the 2010 U.S. Census Bureau:*72.1% White*1.8% Black*14.4% Native American*0.5% Asian*0.1% Native Hawaiian or Pacific Islander*2.8% Two or more races*8.3% Other races*30.4% Hispanic or Latino -2000:... |
80% (9,406) | 20% (2,352) |
| Greenlee County Greenlee County, Arizona -2010:Whereas according to the 2010 U.S. Census Bureau:*77.2% White*1.1% Black*2.3% Native American*0.5% Asian*0.1% Native Hawaiian or Pacific Islander*3.8% Two or more races*15.0% Other races*47.9% Hispanic or Latino -2000:... |
73% (2,024) | 27% (744) |
| La Paz County La Paz County, Arizona La Paz County is a county in the western part of the U.S. state of Arizona. As of the 2010 census its population was 20,489. The county seat is Parker... |
66% (3,524) | 34% (1,785) |
| Maricopa County Maricopa County, Arizona -2010:Whereas according to the 2010 U.S. Census Bureau:*73.0% White*5.0% Black*2.1% Native American*3.5% Asian*0.2% Native Hawaiian or Pacific Islander*3.5% Two or more races*12.7% Other races*29.6% Hispanic or Latino -2000:... |
55% (741,797) | 44% (595,077) |
| Mohave County Mohave County, Arizona Mohave County is located in the northwestern corner of the U.S. state of Arizona. As of the 2010 census, its population was 200,186, an increase of 45,154 people since the 2000 census count of 155,032. The county seat is Kingman... |
66% (43,258) | 43% (21,861) |
| Navajo County Navajo County, Arizona -2010:Whereas according to the 2010 U.S. Census Bureau:*49.3% White*0.9% Black*43.4% Native American*0.5% Asian*0.1% Native Hawaiian or Pacific Islander*2.5% Two or more races*3.3% Other races*10.8% Hispanic or Latino -2000:... |
75% (25,317) | 25% (8,460) |
| Pima County Pima County, Arizona -2010:Whereas according to the 2010 U.S. Census Bureau:*74.3% White*3.5% Black*3.3% Native American*2.6% Asian*0.2% Native Hawaiian or Pacific Islander*3.7% Two or more races*12.4% Other races*34.6% Hispanic or Latino -2000:... |
49% (188,942) | 51% (195,148) |
| Pinal County Pinal County, Arizona -2010:Whereas according to the 2010 U.S. Census Bureau:*72.4% White*4.6% Black*5.6% Native American*1.7% Asian*0.4% Native Hawaiian or Pacific Islander*3.8% Two or more races*11.5% Other races*28.5% Hispanic or Latino -2000:... |
61% (62,425) | 39% (39,457) |
| Santa Cruz County Santa Cruz County, Arizona -2010:Whereas according to the 2010 U.S. Census Bureau:*73.5% White*0.4% Black*0.7% Native American*0.5% Asian*0.0% Native Hawaiian or Pacific Islander*2.0% Two or more races*22.9% Other races*82.8% Hispanic or Latino -2000:... |
52% (6,412) | 48% (5,902) |
| Yavapai County Yavapai County, Arizona -2010:Whereas according to the 2010 U.S. Census Bureau:*89.3% White*0.6% Black*1.7% Native American*0.8% Asian*0.1% Native Hawaiian or Pacific Islander*2.5% Two or more races*5.0% Other races*13.6% Hispanic or Latino -2000:... |
61% (59,497) | 39% (38,546) |
| Yuma County Yuma County, Arizona -2010:Whereas according to the 2010 U.S. Census Bureau:*70.4% White*2.0% Black*1.6% Native American*1.2% Asian*0.2% Native Hawaiian or Pacific Islander*3.8% Two or more races*20.8% Other races*59.7% Hispanic or Latino -2000:... |
63% (25,929) | 37% (15,286) |
| Total | 56.2% (1,258,355) | 43.8% (980,753) |
Full text
See also
- Arizona Proposition 107 (2006)
- List of Arizona Ballot Propositions
- LGBT rights in ArizonaLGBT rights in ArizonaLesbian, gay, bisexual, and transgender people in the U.S. state of Arizona face legal challenges not experienced by non-LGBT residents...