.gif)
California Proposition 8 (2008)
Encyclopedia
Proposition 8 was a ballot proposition
and constitutional amendment
passed in the November 2008 state elections
. The measure added a new provision, Section 7.5 of the Declaration of Rights, to the California Constitution
, which provides that "only marriage between a man and a woman is valid or recognized in California."
By restricting the recognition 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 precisely the same as that which had been found in Proposition 22
, which had passed in 2000 and, as an ordinary statute, had been invalidated by the State Supreme Court in 2008. California
's State Constitution put Proposition 8 into immediate effect the day after the election. The proposition did not affect domestic partnerships in California, nor same-sex marriage
s performed before November 5, 2008.
Proponents of the constitutional amendment argued that exclusively heterosexual marriage was "an essential institution of society
," that leaving the constitution unchanged would "result in public schools teaching our kids that gay marriage is okay," and that "gays ... do not have the right to redefine marriage for everyone else." Opponents argued that "the freedom to marry is fundamental to our society," that the California constitution "should guarantee the same freedom and rights to everyone" and that the proposition "mandates one set of rules for gay and lesbian couples and another set for everyone else." They also argued that "equality under the law is a fundamental constitutional guarantee" (see Equal Protection Clause
).
The campaigns for and against Proposition 8 raised $39.9 million and $43.3 million, respectively, becoming the highest-funded campaign on any state ballot and surpassing every campaign in the country in spending except the presidential contest
. After the elections
, demonstrations and protests occurred across the state and nation. Same-sex couples and government entities filed numerous lawsuit
s with the California Supreme Court challenging the proposition's validity and effect on previously administered same-sex marriages. In Strauss v. Horton, the California Supreme Court upheld Proposition 8, but allowed existing same-sex marriages to stand (under the grandfather clause
principle). United States district court
Judge Vaughn R. Walker
overturned Proposition 8 on August 4, 2010 in the case Perry v. Schwarzenegger
, ruling that it violated both the Due Process
and Equal Protection clauses of the United States Constitution
. Judge Walker issued an injunction against enforcing Proposition 8 and a stay
to determine suspension of his ruling pending appeal. The Ninth Circuit Court of Appeals
continued the stay, keeping Judge Walker's ruling on hold pending appeal.
clauses" of the state constitution.
To qualify for the ballot, Proposition 8 needed 694,354 valid petition signatures, equal to 8% of the total votes cast for governor in the November 2006 General Election
. The initiative proponents submitted 1,120,801 signatures, and on June 2, 2008, the initiative qualified for the November 4, 2008 election ballot through the random sample
signature check.
Proponents of the measure objected to the wording of the ballot title and summary on the grounds that they were argumentative and prejudicial. The resulting legal petition Jansson v. Bowen was dismissed August 7, 2008, by California Superior Court Judge Timothy M. Frawley, who ruled that "the title and summary includes an essentially verbatim recital of the text of the measure itself", and that the change was valid because the measure did, in fact, eliminate a right upheld by the California Supreme Court.
California Attorney General Jerry Brown
explained that the changes were required to more "accurately reflect the measure" in light of the California Supreme Court's intervening In re Marriage Cases decision.
On July 22, 2008, Proposition 8 supporters mounted a legal challenge to the revised ballot title and summary, contending that Attorney General Brown inserted "language [...] so inflammatory that it will unduly prejudice voters against the measure". Supporters claimed that research showed that an attorney general had never used an active verb like “eliminates” in the title of a ballot measure
in the past fifty years in which ballot measures have been used. Representatives of the Attorney General produced twelve examples of ballot measures using the word "eliminates" and vouched for the neutrality and accuracy of the ballot language.
On August 8, 2008, the California Superior Court turned down the legal challenge, affirming the new title and summary, stating, "[t]he title and summary is not false or misleading because it states that Proposition 8 would 'eliminate the right of same-sex couples to marry' in California." The Superior Court based their decision on the previous Marriages Cases ruling in which the California Supreme Court held that same-sex couples have a constitutional right
to marry under the California Constitution." That same day, proponents of Prop. 8 filed an emergency appeal with the state appeals court
. The Court of Appeal denied their petition later that day and supporters did not seek a review by the Supreme Court of California
. The deadline for court action on the wording of ballot summaries and arguments in the voter pamphlet was August 11, 2008.
While turning down the challenge to the title and summary, the California Superior Court also found that the Yes on 8 campaign had overstated its ballot argument on the measure's impact on public schools and ordered a minor change in wording. The original arguments included a claim that the Supreme Court's legalization of same-sex marriage requires teachers to tell their students, as young as kindergarten age, that same-sex marriage is the same as opposite-sex marriage. The court said the Yes on 8 argument was false because instruction on marriage is not required and parents can withdraw their children. The court said the ballot argument could be preserved by rewording it to state that teachers "may" or "could" be required to tell children there is no difference between same-sex and opposite-sex marriage.
initiative and trumping every other race in the country in spending except the presidential contest. Contributions were much greater than those of previous same-sex marriage initiatives. Between 2004 and 2006, 22 such measures were on ballots around the country, and donations to all of them combined totaled $31.4 million, according to the nonpartisan National Institute on Money in State Politics. A ProtectMarriage.com
spokeswoman estimated that 36 companies which had previously contributed to Equality California were targeted to receive a letter requesting similar donations to ProtectMarriage.com.
In 2010, the California Fair Political Practices Commission
fined the LDS church for failing to follow campaign disclosure policies during the last two weeks leading up to the election, which amounted to $37,000 in non-monetary contributions. They were fined $5,538.
The ProtectMarriage.com organization sponsored the initiative that placed Proposition 8 on the ballot and continues to support the measure. The measure also attracted the support of a number of political figures and religious organizations.
presidential nominee and U.S. Senator
John McCain
released a statement of support for the proposed constitutional amendment. Former Speaker of the House
Newt Gingrich
released a video in support. Both characterized the court ruling requiring recognition of same sex marriage as being against the will of the people. Other notable supporters include Republican
State Senator
Tom McClintock
and 20 other Republican State Senators and Assemblymembers.
, as well as a Roman Catholic lay
fraternal organization, the Knights of Columbus
, firmly supported the measure. The bishops of the California Catholic Conference released a statement supporting the proposition, a position met with mixed reactions among church members, including clergy.
The Church of Jesus Christ of Latter-day Saints, whose members are commonly known as Mormon
s, also publicly supported the proposition. The First Presidency
of the church announced its support for Proposition 8 in a letter intended to be read in every congregation in California. In this letter, church members were encouraged to "do all you can to support the proposed constitutional amendment by donating of your means and time." Local church leaders set organizational and monetary goals for their membership—sometimes quite specific—to fulfill this call. The response of church members to their leadership's appeals to donate money and volunteer time was very supportive, such that Latter-day Saints provided a significant source for financial donations in support of the proposition, both inside and outside the State of California. About 45% of out-of-state contributions to ProtectMarriage.com came from Utah
, over three times more than any other state.
ProtectMarriage, the official proponents of Proposition 8, estimate that about half the donations they received came from Mormon sources, and that "eighty to ninety percent" of the early volunteers going door-to-door were LDS. The The Church of Jesus Christ of Latter-day Saints produced and broadcast to its congregations a program describing the support of the Proposition, and describing the timeline it proposes for what it describes as grassroots efforts to support the Proposition.
Other religious organizations that supported Proposition 8 include the Union of Orthodox Jewish Congregations of America, Eastern Orthodox Church
, a group of Evangelical Christians
led by Jim Garlow and Miles McPherson
, American Family Association
, Focus on the Family
and the National Organization for Marriage
. Rick Warren
, pastor of Saddleback Church
, also endorsed the measure.
in San Diego County, California, publicly voted on a resolution endorsing Proposition 8. The Governing Board voted 4–0 to endorse the amendment of the California State Constitution.
The Asian Heritage Coalition held a rally in support of Proposition 8 in downtown San Diego on October 19, 2008.
During the November 2008 election campaign, Porterville
's City Council was the only City Council in California that passed a Resolution in favor of Proposition 8.
, Proposition 8 supporters released a commercial featuring San Francisco Mayor
Gavin Newsom
stating in a speech regarding same-sex marriage: "This door's wide open now. It's going to happen, whether you like it or not." Some observers noted that polls shifted in favor of Proposition 8 following the release of the commercial; this, in turn, led to much speculation about Newsom’s unwitting role in the passage of the amendment.
Equality for All was the lead organization opposed to Proposition 8. They also ran the NoOnProp8.com campaign. As with the measure's proponents, opponents of the measure also included a number of political figures and religious organizations. Some non-partisan organizations and corporations, as well as the editorial boards of many of the state's major newspapers, also opposed the measure.
While Democratic presidential nominee
and U.S. Senator, Barack Obama
stated that while he personally considered marriage to be between a man and woman, and supported civil union
s that confer comparable rights rather than gay marriage, he opposed "divisive and discriminatory efforts to amend the California Constitution... the U.S. Constitution or those of other states." Democratic vice-presidential
candidate Joseph Biden also opposed the proposition. Republican
California Governor
Arnold Schwarzenegger
stated that although he opposed and twice vetoed legislative bills that would recognize same-sex marriage in California
, he respected and would uphold the court's ruling and oppose the initiative and other attempts to amend the state's constitution. The U.S. House Speaker, California Representative (8th District
), Nancy Pelosi
along with other members of the California congressional delegation and both of California's U.S. senators, Dianne Feinstein
and Barbara Boxer
, voiced their opposition to Proposition 8. Also voicing their opposition were the Lieutenant Governor
, State Controller John Chiang
, former governor and Attorney General
Jerry Brown
, 42 of 80 members of the state assembly
, half of the state senators, and the mayors of San Francisco, Los Angeles, and San Diego: Gavin Newsom
, Antonio Villaraigosa
, and Jerry Sanders
, respectively.
, Progressive Jewish Alliance
, National Council of Jewish Women
, and the Anti-Defamation League
. Los Angeles Jews
were more opposed to Prop 8 than any other religious group
or ethnic group
in the city. Jewish Angelenos voted 78% against the measure while only 8% supported the measure; the remainder declined to respond. The legislative ministry of the Unitarian Universalists opposed Proposition 8, and organized phone banks toward defeating the measure. They see opposition to the proposition as a civil rights and social justice issue and their actions against it as a continuation of their previous works in civil rights.
In addition, the California Council of Churches issued a statement urging the "immediate removal of Proposition 8" – saying that it infringes on the freedom of religion
for churches who wish to bless same-sex unions.
of California opposed Proposition 8 because "no person or group should suffer legal, economic or administrative discrimination." Additionally, all but two of the National Association for the Advancement of Colored People
's local chapters in California and NAACP national chairman Julian Bond
and President Benjamin Jealous
opposed Proposition 8. Amnesty International
also condemned Proposition 8, saying that "states should never withhold rights based on minority status".
A coalition of Silicon Valley
executives urged a 'No' vote on Proposition 8. Google
officially opposed Proposition 8 "as an issue of equality", donating $140,000 to the No on 8 campaign. Apple Inc. also opposed Proposition 8 as a "fundamental" civil rights
issue, and donated $100,000 to the No on 8 campaign.
Biotech leaders warned of potential damage to the state's $73 billion industry, citing Massachusetts as a top competitor for employees.
Many members of the entertainment industry were opposed to Proposition 8. Actor Tom Hanks
, a strong supporter of same-sex marriage
, was extremely outspoken about his opposition to the bill. Brad Pitt
and Steven Spielberg
each donated different amounts of money to the opposition campaign "No on 8." In 2010, the documentary film 8: The Mormon Proposition
premiered to sell-out audiences at the Sundance Film Festival
.
The Los Angeles Unified School District
Board of Education
voted unanimously for a resolution to oppose Proposition 8. The California Teachers Association
donated one million dollars to fight Proposition 8. Chancellor Robert Birgeneau
of UC Berkeley urged a vote against the measure, claiming a likely threat to California's academic competitiveness if Proposition 8 is passed.
, and the San Francisco Chronicle
. Other papers to have editorial
ized in opposition include
The New York Times
, La Opinión
(Los Angeles), and The Bakersfield Californian
.
Mayor Alan Autry
received an email containing death threat
s against both himself and Pastor Jim Franklin of Fresno's Cornerstone Church, both of whom had spoken in support of Proposition 8 during a rally at Fresno city hall the preceding weekend. According to Fresno Police Chief
Jerry Dyer, the email stated that the threat "was stemming from Prop 8". Fresno "No on 8" organizer Jason Scott condemned the death threats, and Mayor Autry expressed concern that there might be a backlash against opponents of the measure. Fresno-area supporters of gay marriage were also harassed; "No On 8" signs at the Clovis Unitarian Universalist Church
were torn up, with Reverend Bryan Jessup alleging that his church experienced vandalism
"every night".
At an LDS church in Orangevale
(in Sacramento County), vandals spray-painted in red letters on the front sign and sidewalk: "No on 8" and "No on Prop 8". An affiliate group of the Radical Trans/Queer organization Bash Back! claims to have poured glue into the locks of an LDS church and spray painted
its walls.
Santa Clara County
Deputy District Attorney
(DDA) Jay Boyarsky attributed a surge in anti-gay hate crimes, from 3 in 2007 to 14 in 2008, to controversy over Proposition 8. However, the DDA questioned the reliability of small statistical samples, asserting that the vast majority of hate incidents don't get referred to the DA's office.
). Those margins considered statistically significant are indicated with the percentage points and the side favored in the poll, as either "pro" for in favor of the proposition's passage (e.g., 1% pro), or "con" for against its passage (e.g., 1% con).
According to the director of the Field Poll, the discrepancy between the pre-election polls and ballot results is because "regular church-goers ... were more prone than other voters to be influenced by last-minute appeals to conform to orthodox church positions when voting on a progressive social issue like same-sex marriage."
Amending the California Constitution by voter initiative requires a simple majority
to be enacted.
Edison/Mitofsky conducted an exit poll
on behalf of the National Election Pool
which is the only source of data on voter demographics in California in the 2008 election. The statistical trends from the exit poll of 2,240 voters suggested that an array of voters came out both in opposition to and in support of Proposition 8, with no single demographic group
making up most of either the Yes or No vote. Support for Proposition 8 was strong amongst African American voters, interviewed in the exit poll with 70% in favor, more than any other racial group. The high-profile candidacy of Barack Obama is credited with increasing black turnout on the bill which has been seen as the crucial difference in its passing. Subsequent analysis showed black support at only 58%, still above the 52% support received by all voters. Those who described themselves as religious were the strongest supporters of prop 8. Young voters were more likely to have voted against the ballot measure than older voters, while Republicans were more likely to have supported the measure than were Democrats.
, San Francisco, Yolo
, Kern
, Santa Barbara
, San Luis Obispo
, Sonoma, San Diego
, San Bernardino
, Sacramento
, and Tuolumne
stopped issuing marriage license
s to same-sex couples the day after the election.
Following the passage of Proposition 8, mass protests
took place across the state. These included protests outside a temple of the LDS Church
in Westwood, Los Angeles
; a march through Hollywood that blocked traffic and elicited police intervention; and a candlelight vigil
in front of the Sacramento
Gay and Lesbian Center. In San Francisco, thousands gathered in front of the City Hall to protest the proposition and to perform a candlelit vigil. Speakers who voiced their opinion in opposition of Proposition 8 included state senator Mark Leno
and mayor Gavin Newsom
.
These protests led to several lawsuits being filed in the State Supreme Court and the Federal District Court. On November 13, 2008, the California Supreme Court asked California Attorney General Jerry Brown
for an opinion on whether the Court should accept these cases for review and whether the measure should be suspended while they decide the case. On November 19, the Court accepted three lawsuits challenging Proposition 8, which consolidated into Strauss v. Horton.
was filed in a Federal District Court
in San Francisco. On August 4, 2010, U.S. District Chief Judge Vaughn R. Walker
overturned Proposition 8 but also stayed the ruling; the voter initiative was to remain in effect pending appeal. On August 12, Walker announced his decision to lift the stay
(which would have allowed same-sex marriages to be performed) as of August 18, 2010.
However, on August 16, 2010, the United States Court of Appeals for the Ninth Circuit
indefinitely extended the District Court's stay, stopping new same-sex marriages in the state of California pending appeal. It also scheduled an accelerated time table for hearing an appeal of Walker's ruling.
On January 4, 2011, the appeals court ruled that Imperial County
did not have standing
to intervene in the suit. In the second, the court certified a question
to the California Supreme Court as to whether non-governmental proponents of the amendment have standing to appeal. The California Supreme Court on February 16 unanimously agreed to address the Ninth Circuit's request. The state court set an expedited schedule and heard oral arguments on September 6, 2011. On November 17, they issued an advisory opinion that the proponents did have standing.
California ballot proposition
In California, a ballot proposition is a proposed law that is submitted to the electorate for approval in a direct vote . It may take the form of a constitutional amendment or an ordinary statute. A ballot proposition may be proposed by the State Legislature or by a petition signed by members of...
and constitutional amendment
Constitutional amendment
A constitutional amendment is a formal change to the text of the written constitution of a nation or state.Most constitutions require that amendments cannot be enacted unless they have passed a special procedure that is more stringent than that required of ordinary legislation...
passed in the November 2008 state elections
California state elections, November 2008
The California state elections, November 2008 were held on November 4, 2008 throughout California. Among the elections taking place were those for the office of President of the United States, all the seats of California's delegation to the House of Representatives, all of the seats of the State...
. The measure added a new provision, Section 7.5 of the Declaration of Rights, to the California Constitution
California Constitution
The document that establishes and describes the duties, powers, structure and function of the government of the U.S. state of California. The original constitution, adopted in November 1849 in advance of California attaining U.S. statehood in 1850, was superseded by the current constitution, which...
, which provides that "only marriage between a man and a woman is valid or recognized in California."
By restricting the recognition of marriage
Marriage
Marriage is a social union or legal contract between people that creates kinship. It is an institution in which interpersonal relationships, usually intimate and sexual, are acknowledged in a variety of ways, depending on the culture or subculture in which it is found...
to opposite-sex couples
Heterosexuality
Heterosexuality is romantic or sexual attraction or behavior between members of the opposite sex or gender. As a sexual orientation, heterosexuality refers to "an enduring pattern of or disposition to experience sexual, affectional, physical or romantic attractions to persons of the opposite sex";...
, the proposition overturned the California Supreme Court's ruling of In re Marriage Cases
In re Marriage Cases
In re Marriage Cases 43 Cal.4th 757 [76 Cal.Rptr.3d 683, 183 P.3d 384], was a California Supreme Court case with the dual holding that "statutes that treat persons differently because of their sexual orientation should be subjected to strict scrutiny" and the existing "California legislative and...
that same-sex couples
Same-sex relationship
A same-sex relationship is a relationship between two persons of the same sex and can take many forms, from romantic and sexual, to non-romantic close relationships. The term is mainly associated with gay and lesbian people...
have a constitutional right
Constitutional right
An inalienable right is a freedom granted by a Nature or the Creator's endowment by birth , and may not be legally denied by that government.-United States:...
to marry
Same-sex marriage
Same-sex marriage is marriage between two persons of the same biological sex or social gender. Supporters of legal recognition for same-sex marriage typically refer to such recognition as marriage equality....
. The wording of Proposition 8 was precisely the same as that which had been found in Proposition 22
California Proposition 22 (2000)
Proposition 22 was a law enacted by California voters in March 2000 to restrict marriages to only those between opposite-sex couples. In May 2008 it was struck down by the California Supreme Court as contrary to the state constitution....
, which had passed in 2000 and, as an ordinary statute, had been invalidated by the State Supreme Court in 2008. 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...
's State Constitution put Proposition 8 into immediate effect the day after the election. The proposition did not affect domestic partnerships in California, nor same-sex marriage
Same-sex marriage
Same-sex marriage is marriage between two persons of the same biological sex or social gender. Supporters of legal recognition for same-sex marriage typically refer to such recognition as marriage equality....
s performed before November 5, 2008.
Proponents of the constitutional amendment argued that exclusively heterosexual marriage was "an essential institution of society
Society
A society, or a human society, is a group of people related to each other through persistent relations, or a large social grouping sharing the same geographical or virtual territory, subject to the same political authority and dominant cultural expectations...
," that leaving the constitution unchanged would "result in public schools teaching our kids that gay marriage is okay," and that "gays ... do not have the right to redefine marriage for everyone else." Opponents argued that "the freedom to marry is fundamental to our society," that the California constitution "should guarantee the same freedom and rights to everyone" and that the proposition "mandates one set of rules for gay and lesbian couples and another set for everyone else." They also argued that "equality under the law is a fundamental constitutional guarantee" (see Equal Protection Clause
Equal Protection Clause
The Equal Protection Clause, part of the Fourteenth Amendment to the United States Constitution, provides that "no state shall ... deny to any person within its jurisdiction the equal protection of the laws"...
).
The campaigns for and against Proposition 8 raised $39.9 million and $43.3 million, respectively, becoming the highest-funded campaign on any state ballot and surpassing every campaign in the country in spending except the presidential contest
United States presidential election, 2008
The United States presidential election of 2008 was the 56th quadrennial presidential election. It was held on November 4, 2008. Democrat Barack Obama, then the junior United States Senator from Illinois, defeated Republican John McCain, the senior U.S. Senator from Arizona. Obama received 365...
. After the elections
California state elections, November 2008
The California state elections, November 2008 were held on November 4, 2008 throughout California. Among the elections taking place were those for the office of President of the United States, all the seats of California's delegation to the House of Representatives, all of the seats of the State...
, demonstrations and protests occurred across the state and nation. Same-sex couples and government entities filed numerous lawsuit
Lawsuit
A lawsuit or "suit in law" is a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint...
s with the California Supreme Court challenging the proposition's validity and effect on previously administered same-sex marriages. In Strauss v. Horton, the California Supreme Court upheld Proposition 8, but allowed existing same-sex marriages to stand (under the grandfather clause
Grandfather clause
Grandfather clause is a legal term used to describe a situation in which an old rule continues to apply to some existing situations, while a new rule will apply to all future situations. It is often used as a verb: to grandfather means to grant such an exemption...
principle). United States district court
United States district court
The United States district courts are the general trial courts of the United States federal court system. Both civil and criminal cases are filed in the district court, which is a court of law, equity, and admiralty. There is a United States bankruptcy court associated with each United States...
Judge Vaughn R. Walker
Vaughn R. Walker
Vaughn R. Walker served as a district judge of the United States District Court for the Northern District of California from 1989 to 2011.-Biography:Walker was born in Watseka, Illinois, in 1944...
overturned Proposition 8 on August 4, 2010 in the case Perry v. Schwarzenegger
Perry v. Schwarzenegger
Perry v. Schwarzenegger is a federal lawsuit filed in the United States District Court for the Northern District of California challenging the federal constitutionality of Proposition 8, a 2008 ballot initiative that amended the California Constitution to restrict marriage to opposite-sex couples,...
, ruling that it violated both the Due Process
Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...
and Equal Protection clauses of the United States Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
. Judge Walker issued an injunction against enforcing Proposition 8 and a stay
Stay of execution
A stay of execution is a court order to temporarily suspend the execution of a court judgment or other court order. The word "execution" does not necessarily mean the death penalty; it refers to the imposition of whatever judgment is being stayed....
to determine suspension of his ruling pending appeal. The Ninth Circuit Court of Appeals
United States Court of Appeals for the Ninth Circuit
The United States Court of Appeals for the Ninth Circuit is a U.S. federal court with appellate jurisdiction over the district courts in the following districts:* District of Alaska* District of Arizona...
continued the stay, keeping Judge Walker's ruling on hold pending appeal.
History of the ballot initiative
Proposition 8 was a California ballot proposition that sought to change the California Constitution to add a new section (7.5) to Article I, that would read: "Only marriage between a man and a woman is valid or recognized in California." This change would restrict the definition of marriage to opposite-sex couples, and eliminate same-sex couples' right to marry, thereby overriding portions of the ruling of In re Marriage Cases by "carving out an exception to the preexisting scope of the privacy and due processDue process
Due process is the legal code that the state must venerate all of the legal rights that are owed to a person under the principle. Due process balances the power of the state law of the land and thus protects individual persons from it...
clauses" of the state constitution.
To qualify for the ballot, Proposition 8 needed 694,354 valid petition signatures, equal to 8% of the total votes cast for governor in the November 2006 General Election
General election
In a parliamentary political system, a general election is an election in which all or most members of a given political body are chosen. The term is usually used to refer to elections held for a nation's primary legislative body, as distinguished from by-elections and local elections.The term...
. The initiative proponents submitted 1,120,801 signatures, and on June 2, 2008, the initiative qualified for the November 4, 2008 election ballot through the random sample
Random sample
In statistics, a sample is a subject chosen from a population for investigation; a random sample is one chosen by a method involving an unpredictable component...
signature check.
Petition to remove proposition from ballot
On July 16, 2008, the California Supreme Court denied a petition calling for the removal of Proposition 8 from the November ballot. The petition asserted the proposition should not be on the ballot on the grounds it was a constitutional revision that only the Legislature or a constitutional convention could place before voters. Opponents also argued that the petitions circulated to qualify the measure for the ballot inaccurately summarized its effect. The court denied the petition without comment. As a general rule, it is improper for courts to adjudicate pre-election challenges to a measure's substantive validity. The question of whether Proposition 8 is a constitutional amendment or constitutional revision was ruled on by the California Supreme Court on May 26, 2009, and found that it was not a revision and therefore would be upheld. They also declared that the same-sex marriages performed prior to the passing of Prop 8 would remain valid.Challenge to title and summary
The measure was titled: "Eliminates Rights of Same-Sex Couples to Marry. Initiative Constitutional Amendment." The ballot summary read that the measure "changes the California Constitution to eliminate the right of same-sex couples to marry in California."Proponents of the measure objected to the wording of the ballot title and summary on the grounds that they were argumentative and prejudicial. The resulting legal petition Jansson v. Bowen was dismissed August 7, 2008, by California Superior Court Judge Timothy M. Frawley, who ruled that "the title and summary includes an essentially verbatim recital of the text of the measure itself", and that the change was valid because the measure did, in fact, eliminate a right upheld by the California Supreme Court.
California Attorney General Jerry Brown
Jerry Brown
Edmund Gerald "Jerry" Brown, Jr. is an American politician. Brown served as the 34th Governor of California , and is currently serving as the 39th California Governor...
explained that the changes were required to more "accurately reflect the measure" in light of the California Supreme Court's intervening In re Marriage Cases decision.
On July 22, 2008, Proposition 8 supporters mounted a legal challenge to the revised ballot title and summary, contending that Attorney General Brown inserted "language [...] so inflammatory that it will unduly prejudice voters against the measure". Supporters claimed that research showed that an attorney general had never used an active verb like “eliminates” in the title of a ballot measure
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...
in the past fifty years in which ballot measures have been used. Representatives of the Attorney General produced twelve examples of ballot measures using the word "eliminates" and vouched for the neutrality and accuracy of the ballot language.
On August 8, 2008, the California Superior Court turned down the legal challenge, affirming the new title and summary, stating, "[t]he title and summary is not false or misleading because it states that Proposition 8 would 'eliminate the right of same-sex couples to marry' in California." The Superior Court based their decision on the previous Marriages Cases ruling in which the California Supreme Court held that same-sex couples have a constitutional right
Constitutional right
An inalienable right is a freedom granted by a Nature or the Creator's endowment by birth , and may not be legally denied by that government.-United States:...
to marry under the California Constitution." That same day, proponents of Prop. 8 filed an emergency appeal with the state appeals court
Appeal
An appeal is a petition for review of a case that has been decided by a court of law. The petition is made to a higher court for the purpose of overturning the lower court's decision....
. The Court of Appeal denied their petition later that day and supporters did not seek a review by the Supreme Court of California
Supreme Court of California
The Supreme Court of California is the highest state court in California. It is headquartered in San Francisco and regularly holds sessions in Los Angeles and Sacramento. Its decisions are binding on all other California state courts.-Composition:...
. The deadline for court action on the wording of ballot summaries and arguments in the voter pamphlet was August 11, 2008.
While turning down the challenge to the title and summary, the California Superior Court also found that the Yes on 8 campaign had overstated its ballot argument on the measure's impact on public schools and ordered a minor change in wording. The original arguments included a claim that the Supreme Court's legalization of same-sex marriage requires teachers to tell their students, as young as kindergarten age, that same-sex marriage is the same as opposite-sex marriage. The court said the Yes on 8 argument was false because instruction on marriage is not required and parents can withdraw their children. The court said the ballot argument could be preserved by rewording it to state that teachers "may" or "could" be required to tell children there is no difference between same-sex and opposite-sex marriage.
Campaign funding and spending
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 Proposition 8 raised $39.9 million and $43.3 million, respectively. 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 policySocial policy
Social policy primarily refers to guidelines, principles, legislation and activities that affect the living conditions conducive to human welfare. Thus, social policy is that part of public policy that has to do with social issues...
initiative and trumping every other race in the country in spending except the presidential contest. Contributions were much greater than those of previous same-sex marriage initiatives. Between 2004 and 2006, 22 such measures were on ballots around the country, and donations to all of them combined totaled $31.4 million, according to the nonpartisan National Institute on Money in State Politics. A ProtectMarriage.com
ProtectMarriage.com
ProtectMarriage.com is a coalition of conservative and religious American political activist groups aligned against same-sex marriage. The coalition's stated goal is to "defend and restore the definition of marriage as between a man and a woman." Beginning in 2001 as Proposition 22 Legal Defense...
spokeswoman estimated that 36 companies which had previously contributed to Equality California were targeted to receive a letter requesting similar donations to ProtectMarriage.com.
In 2010, the California Fair Political Practices Commission
California Fair Political Practices Commission
SUMMARYThe California Fair Political Practices Commission is the government body that enforces political campaign, lobbying, and conflict of interest laws in the state of California, similar to what the Federal Elections Commission does at the federal level...
fined the LDS church for failing to follow campaign disclosure policies during the last two weeks leading up to the election, which amounted to $37,000 in non-monetary contributions. They were fined $5,538.
Proponents
Political figures
RepublicanRepublican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...
presidential nominee and U.S. Senator
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
John McCain
John McCain
John Sidney McCain III is the senior United States Senator from Arizona. He was the Republican nominee for president in the 2008 United States election....
released a statement of support for the proposed constitutional amendment. Former Speaker of the House
Speaker (politics)
The term speaker is a title often given to the presiding officer of a deliberative assembly, especially a legislative body. The speaker's official role is to moderate debate, make rulings on procedure, announce the results of votes, and the like. The speaker decides who may speak and has the...
Newt Gingrich
Newt Gingrich
Newton Leroy "Newt" Gingrich is a U.S. Republican Party politician who served as the House Minority Whip from 1989 to 1995 and as the 58th Speaker of the U.S. House of Representatives from 1995 to 1999....
released a video in support. Both characterized the court ruling requiring recognition of same sex marriage as being against the will of the people. Other notable supporters include Republican
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...
State Senator
California State Senate
The California State Senate is the upper house of the California State Legislature. There are 40 state senators. The state legislature meets in the California State Capitol in Sacramento. The Lieutenant Governor is the ex officio President of the Senate and may break a tied vote...
Tom McClintock
Tom McClintock
Thomas Miller McClintock II is the U.S. Representative for , serving since 2009. He is a member of the Republican Party. He is a former Assemblyman and state Senator...
and 20 other Republican State Senators and Assemblymembers.
Religious organizations
The Roman Catholic ChurchRoman Catholic Church
The Catholic Church, also known as the Roman Catholic Church, is the world's largest Christian church, with over a billion members. Led by the Pope, it defines its mission as spreading the gospel of Jesus Christ, administering the sacraments and exercising charity...
, as well as a Roman Catholic lay
Laity
In religious organizations, the laity comprises all people who are not in the clergy. A person who is a member of a religious order who is not ordained legitimate clergy is considered as a member of the laity, even though they are members of a religious order .In the past in Christian cultures, the...
fraternal organization, the Knights of Columbus
Knights of Columbus
The Knights of Columbus is the world's largest Catholic fraternal service organization. Founded in the United States in 1882, it is named in honor of Christopher Columbus....
, firmly supported the measure. The bishops of the California Catholic Conference released a statement supporting the proposition, a position met with mixed reactions among church members, including clergy.
Mormon
The term Mormon most commonly denotes an adherent, practitioner, follower, or constituent of Mormonism, which is the largest branch of the Latter Day Saint movement in restorationist Christianity...
s, also publicly supported the proposition. The First Presidency
First Presidency (LDS Church)
The First Presidency is the presiding or governing body of The Church of Jesus Christ of Latter-day Saints . It is composed of the President of the Church and his counselors. The First Presidency currently consists of President Thomas S. Monson and his two counselors, Henry B...
of the church announced its support for Proposition 8 in a letter intended to be read in every congregation in California. In this letter, church members were encouraged to "do all you can to support the proposed constitutional amendment by donating of your means and time." Local church leaders set organizational and monetary goals for their membership—sometimes quite specific—to fulfill this call. The response of church members to their leadership's appeals to donate money and volunteer time was very supportive, such that Latter-day Saints provided a significant source for financial donations in support of the proposition, both inside and outside the State of California. About 45% of out-of-state contributions to ProtectMarriage.com came from Utah
Utah
Utah is a state in the Western United States. It was the 45th state to join the Union, on January 4, 1896. Approximately 80% of Utah's 2,763,885 people live along the Wasatch Front, centering on Salt Lake City. This leaves vast expanses of the state nearly uninhabited, making the population the...
, over three times more than any other state.
ProtectMarriage, the official proponents of Proposition 8, estimate that about half the donations they received came from Mormon sources, and that "eighty to ninety percent" of the early volunteers going door-to-door were LDS. The The Church of Jesus Christ of Latter-day Saints produced and broadcast to its congregations a program describing the support of the Proposition, and describing the timeline it proposes for what it describes as grassroots efforts to support the Proposition.
Other religious organizations that supported Proposition 8 include the Union of Orthodox Jewish Congregations of America, Eastern Orthodox Church
Eastern Orthodox Church
The Orthodox Church, officially called the Orthodox Catholic Church and commonly referred to as the Eastern Orthodox Church, is the second largest Christian denomination in the world, with an estimated 300 million adherents mainly in the countries of Belarus, Bulgaria, Cyprus, Georgia, Greece,...
, a group of Evangelical Christians
Evangelicalism
Evangelicalism is a Protestant Christian movement which began in Great Britain in the 1730s and gained popularity in the United States during the series of Great Awakenings of the 18th and 19th century.Its key commitments are:...
led by Jim Garlow and Miles McPherson
Miles McPherson
Miles McPherson is the pastor of The Rock Church in San Diego, a motivational speaker, and a former NFL football player.-History:...
, American Family Association
American Family Association
The American Family Association is a 501 non-profit organization that promotes conservative Christian values, such as opposition to same-sex marriage, pornography, and abortion, as well as other public policy goals such as deregulation of the oil industry and lobbying against the Employee Free...
, Focus on the Family
Focus on the Family
Focus on the Family is an American evangelical Christian tax-exempt non-profit organization founded in 1977 by psychologist James Dobson, and is based in Colorado Springs, Colorado. Focus on the Family is one of a number of evangelical parachurch organizations that rose to prominence in the 1980s...
and the National Organization for Marriage
National Organization for Marriage
The National Organization for Marriage is a nonprofit political association established in 2007 to work against legalization of same-sex marriage in the United States, specifically to pass California Proposition 8 banning same-sex marriage in California...
. Rick Warren
Rick Warren
Richard Duane "Rick" Warren is an American evangelical Christian minister and author. He is the founder and senior pastor of Saddleback Church, an evangelical megachurch located in Lake Forest, California, currently the eighth-largest church in the United States...
, pastor of Saddleback Church
Saddleback Church
Saddleback Church is an evangelical Christian megachurch located in Lake Forest, California, situated in southern Orange County, affiliated with the Southern Baptist Convention. The church was founded in 1980 by pastor Rick Warren...
, also endorsed the measure.
Others
The Grossmont Union High School DistrictGrossmont Union High School District
The Grossmont Union High School District is a public school district located in eastern San Diego County, California, and serves high school, adult school, and Regional Occupational Program students in the cities of El Cajon, La Mesa, Lemon Grove, and Santee; and the unincorporated communities of...
in San Diego County, California, publicly voted on a resolution endorsing Proposition 8. The Governing Board voted 4–0 to endorse the amendment of the California State Constitution.
The Asian Heritage Coalition held a rally in support of Proposition 8 in downtown San Diego on October 19, 2008.
During the November 2008 election campaign, Porterville
Porterville
Porterville may refer to:* Porterville, California* Porterville, Mississippi* Porterville, Texas* Porterville, Utah* Porterville, Western Cape in South Africa...
's City Council was the only City Council in California that passed a Resolution in favor of Proposition 8.
"Whether You Like It or Not" advertisement
In the months leading up to Election DayElection Day (politics)
Election Day refers to the day when general elections are held. In many countries, general elections are always held on a Sunday, to enable as many voters as possible to participate, while in other countries elections are always held on a weekday...
, Proposition 8 supporters released a commercial featuring San Francisco Mayor
Mayor of San Francisco
The Mayor of the City and County of San Francisco is the head of the executive branch of San Francisco's city and county government. The mayor has the duty to enforce city laws, and the power to either approve or veto bills passed by the San Francisco Board of Supervisors, the legislative branch....
Gavin Newsom
Gavin Newsom
Gavin Christopher Newsom is an American politician who is the 49th and current Lieutenant Governor of California. Previously, he was the 42nd Mayor of San Francisco, and was elected in 2003 to succeed Willie Brown, becoming San Francisco's youngest mayor in 100 years. Newsom was re-elected in 2007...
stating in a speech regarding same-sex marriage: "This door's wide open now. It's going to happen, whether you like it or not." Some observers noted that polls shifted in favor of Proposition 8 following the release of the commercial; this, in turn, led to much speculation about Newsom’s unwitting role in the passage of the amendment.
Opponents
Political figures
Presidential nominee
In United States politics and government, the term presidential nominee has two distinct meanings.The first is the person chosen by the primary voters and caucus-goers of a political party to be the party's nominee for President of the United States...
and U.S. Senator, Barack Obama
Barack Obama
Barack Hussein Obama II is the 44th and current President of the United States. He is the first African American to hold the office. Obama previously served as a United States Senator from Illinois, from January 2005 until he resigned following his victory in the 2008 presidential election.Born in...
stated that while he personally considered marriage to be between a man and woman, and supported civil union
Civil union
A civil union, also referred to as a civil partnership, is a legally recognized form of partnership similar to marriage. Beginning with Denmark in 1989, civil unions under one name or another have been established by law in many developed countries in order to provide same-sex couples rights,...
s that confer comparable rights rather than gay marriage, he opposed "divisive and discriminatory efforts to amend the California Constitution... the U.S. Constitution or those of other states." Democratic vice-presidential
Vice president
A vice president is an officer in government or business who is below a president in rank. The name comes from the Latin vice meaning 'in place of'. In some countries, the vice president is called the deputy president...
candidate Joseph Biden also opposed the proposition. Republican
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...
California Governor
Governor of California
The Governor of California is the chief executive of the California state government, whose responsibilities include making annual State of the State addresses to the California State Legislature, submitting the budget, and ensuring that state laws are enforced...
Arnold Schwarzenegger
Arnold Schwarzenegger
Arnold Alois Schwarzenegger is an Austrian-American former professional bodybuilder, actor, businessman, investor, and politician. Schwarzenegger served as the 38th Governor of California from 2003 until 2011....
stated that although he opposed and twice vetoed legislative bills that would recognize same-sex marriage in California
Same-sex marriage in California
The status of same-sex marriage in California is unique among the 50 U.S. states, in that the state formerly granted marriage licenses to same-sex couples, but has discontinued doing so...
, he respected and would uphold the court's ruling and oppose the initiative and other attempts to amend the state's constitution. The U.S. House Speaker, California Representative (8th District
California's 8th congressional district
California's 8th congressional district is a congressional district in the U.S. state of California that covers most of the city and county of San Francisco except for the southwestern parts of the city which are included in the 12th Congressional District....
), Nancy Pelosi
Nancy Pelosi
Nancy Patricia D'Alesandro Pelosi is the Minority Leader of the United States House of Representatives and served as the 60th Speaker of the United States House of Representatives from 2007 to 2011...
along with other members of the California congressional delegation and both of California's U.S. senators, Dianne Feinstein
Dianne Feinstein
Dianne Goldman Berman Feinstein is the senior U.S. Senator from California. A member of the Democratic Party, she has served in the Senate since 1992. She also served as 38th Mayor of San Francisco from 1978 to 1988....
and Barbara Boxer
Barbara Boxer
Barbara Levy Boxer is the junior United States Senator from California . A member of the Democratic Party, she previously served in the U.S. House of Representatives ....
, voiced their opposition to Proposition 8. Also voicing their opposition were the Lieutenant Governor
Lieutenant governor
A lieutenant governor or lieutenant-governor is a high officer of state, whose precise role and rank vary by jurisdiction, but is often the deputy or lieutenant to or ranking under a governor — a "second-in-command"...
, State Controller John Chiang
John Chiang (California politician)
John Chiang is a Democratic politician and has been California State Controller since January 8, 2007. He previously served as Chair of the California Board of Equalization and represented the Fourth District, primarily serving southern Los Angeles County...
, former governor and Attorney General
California Attorney General
The California Attorney General is the State Attorney General of California. The officer's duty is to ensure that "the laws of the state are uniformly and adequately enforced" The Attorney General carries out the responsibilities of the office through the California Department of Justice.The...
Jerry Brown
Jerry Brown
Edmund Gerald "Jerry" Brown, Jr. is an American politician. Brown served as the 34th Governor of California , and is currently serving as the 39th California Governor...
, 42 of 80 members of the state assembly
Legislative Assembly
Legislative Assembly is the name given in some countries to either a legislature, or to one of its branch.The name is used by a number of member-states of the Commonwealth of Nations, as well as a number of Latin American countries....
, half of the state senators, and the mayors of San Francisco, Los Angeles, and San Diego: Gavin Newsom
Gavin Newsom
Gavin Christopher Newsom is an American politician who is the 49th and current Lieutenant Governor of California. Previously, he was the 42nd Mayor of San Francisco, and was elected in 2003 to succeed Willie Brown, becoming San Francisco's youngest mayor in 100 years. Newsom was re-elected in 2007...
, Antonio Villaraigosa
Antonio Villaraigosa
Antonio Ramón Villaraigosa , born Antonio Ramón Villar, Jr., is the 41st and current Mayor of Los Angeles, California, the third Mexican American to have ever held office in the city of Los Angeles and the first in over 130 years. He is also the current president of the United States Conference of...
, and Jerry Sanders
Jerry Sanders (politician)
Gerald Robert "Jerry" Sanders is an American politician, Mayor of San Diego, California, and former Chief of Police.-Personal life:...
, respectively.
Religious organizations
All six Episcopal diocesan bishops in California jointly issued a statement opposing Proposition 8 on September 10, 2008. Southern California's largest collection of rabbis, the Board of Rabbis of Southern California, voted to oppose Proposition 8. Other Jewish groups who opposed Proposition 8 include Jewish Mosaic, the American Jewish CommitteeAmerican Jewish Committee
The American Jewish Committee was "founded in 1906 with the aim of rallying all sections of American Jewry to defend the rights of Jews all over the world...
, Progressive Jewish Alliance
Progressive Jewish Alliance
The Progressive Jewish Alliance was founded in 1999 by Jewish Angelenos who broke away from the Los Angeles chapter of the American Jewish Congress. They sought to assert an authentic progressive Jewish presence in the campaigns for social justice in Southern California, home to the United...
, National Council of Jewish Women
National Council of Jewish Women
The National Council of Jewish Women defines itself as a grassroots organization of volunteers and advocates who turn progressive ideals into action...
, and the Anti-Defamation League
Anti-Defamation League
The Anti-Defamation League is an international non-governmental organization based in the United States. Describing itself as "the nation's premier civil rights/human relations agency", the ADL states that it "fights anti-Semitism and all forms of bigotry, defends democratic ideals and protects...
. Los Angeles Jews
Jews
The Jews , also known as the Jewish people, are a nation and ethnoreligious group originating in the Israelites or Hebrews of the Ancient Near East. The Jewish ethnicity, nationality, and religion are strongly interrelated, as Judaism is the traditional faith of the Jewish nation...
were more opposed to Prop 8 than any other religious group
Religious denomination
A religious denomination is a subgroup within a religion that operates under a common name, tradition, and identity.The term describes various Christian denominations...
or ethnic group
Ethnic group
An ethnic group is a group of people whose members identify with each other, through a common heritage, often consisting of a common language, a common culture and/or an ideology that stresses common ancestry or endogamy...
in the city. Jewish Angelenos voted 78% against the measure while only 8% supported the measure; the remainder declined to respond. The legislative ministry of the Unitarian Universalists opposed Proposition 8, and organized phone banks toward defeating the measure. They see opposition to the proposition as a civil rights and social justice issue and their actions against it as a continuation of their previous works in civil rights.
In addition, the California Council of Churches issued a statement urging the "immediate removal of Proposition 8" – saying that it infringes on the freedom of religion
Freedom of religion
Freedom of religion is a principle that supports the freedom of an individual or community, in public or private, to manifest religion or belief in teaching, practice, worship, and observance; the concept is generally recognized also to include the freedom to change religion or not to follow any...
for churches who wish to bless same-sex unions.
Others
The League of Women VotersLeague of Women Voters
The League of Women Voters is an American political organization founded in 1920 by Carrie Chapman Catt during the last meeting of the National American Woman Suffrage Association approximately six months before the Nineteenth Amendment to the United States Constitution gave women the right to vote...
of California opposed Proposition 8 because "no person or group should suffer legal, economic or administrative discrimination." Additionally, all but two of the National Association for the Advancement of Colored People
National Association for the Advancement of Colored People
The National Association for the Advancement of Colored People, usually abbreviated as NAACP, is an African-American civil rights organization in the United States, formed in 1909. Its mission is "to ensure the political, educational, social, and economic equality of rights of all persons and to...
's local chapters in California and NAACP national chairman Julian Bond
Julian Bond
Horace Julian Bond , known as Julian Bond, is an American social activist and leader in the American civil rights movement, politician, professor, and writer. While a student at Morehouse College in Atlanta, Georgia, during the early 1960s, he helped found the Student Nonviolent Coordinating...
and President Benjamin Jealous
Benjamin Jealous
Benjamin Todd Jealous is the current president and chief executive officer of the National Association for the Advancement of Colored People . He is the youngest ever national leader of the organization.-Early life and education:...
opposed Proposition 8. Amnesty International
Amnesty International
Amnesty International is an international non-governmental organisation whose stated mission is "to conduct research and generate action to prevent and end grave abuses of human rights, and to demand justice for those whose rights have been violated."Following a publication of Peter Benenson's...
also condemned Proposition 8, saying that "states should never withhold rights based on minority status".
A coalition of Silicon Valley
Silicon Valley
Silicon Valley is a term which refers to the southern part of the San Francisco Bay Area in Northern California in the United States. The region is home to many of the world's largest technology corporations...
executives urged a 'No' vote on Proposition 8. Google
Google
Google Inc. is an American multinational public corporation invested in Internet search, cloud computing, and advertising technologies. Google hosts and develops a number of Internet-based services and products, and generates profit primarily from advertising through its AdWords program...
officially opposed Proposition 8 "as an issue of equality", donating $140,000 to the No on 8 campaign. Apple Inc. also opposed Proposition 8 as a "fundamental" civil rights
Civil rights
Civil and political rights are a class of rights that protect individuals' freedom from unwarranted infringement by governments and private organizations, and ensure one's ability to participate in the civil and political life of the state without discrimination or repression.Civil rights include...
issue, and donated $100,000 to the No on 8 campaign.
Biotech leaders warned of potential damage to the state's $73 billion industry, citing Massachusetts as a top competitor for employees.
Many members of the entertainment industry were opposed to Proposition 8. Actor Tom Hanks
Tom Hanks
Thomas Jeffrey "Tom" Hanks is an American actor, producer, writer, and director. Hanks worked in television and family-friendly comedies, gaining wide notice in 1988's Big, before achieving success as a dramatic actor in several notable roles, including Andrew Beckett in Philadelphia, the title...
, a strong supporter of same-sex marriage
Same-sex marriage
Same-sex marriage is marriage between two persons of the same biological sex or social gender. Supporters of legal recognition for same-sex marriage typically refer to such recognition as marriage equality....
, was extremely outspoken about his opposition to the bill. Brad Pitt
Brad Pitt
William Bradley "Brad" Pitt is an American actor and film producer. Pitt has received two Academy Award nominations and four Golden Globe Award nominations, winning one...
and Steven Spielberg
Steven Spielberg
Steven Allan Spielberg KBE is an American film director, screenwriter, producer, video game designer, and studio entrepreneur. In a career of more than four decades, Spielberg's films have covered many themes and genres. Spielberg's early science-fiction and adventure films were seen as an...
each donated different amounts of money to the opposition campaign "No on 8." In 2010, the documentary film 8: The Mormon Proposition
8: The Mormon Proposition
8: The Mormon Proposition is an American documentary written by Reed Cowan, directed by Cowan and Steven Greenstreet, and narrated by Dustin Lance Black. The film documents The Church of Jesus Christ of Latter-day Saints' involvement in the 2008 California Proposition 8...
premiered to sell-out audiences at the Sundance Film Festival
Sundance Film Festival
The Sundance Film Festival is a film festival that takes place annually in Utah, in the United States. It is the largest independent cinema festival in the United States. Held in January in Park City, Salt Lake City, and Ogden, as well as at the Sundance Resort, the festival is a showcase for new...
.
The Los Angeles Unified School District
Los Angeles Unified School District
Los Angeles Unified School District is the largest public school system in California. It is the 2nd largest public school district in the United States. Only the New York City Department of Education has a larger student population...
Board of Education
Board of education
A board of education or a school board or school committee is the title of the board of directors or board of trustees of a school, local school district or higher administrative level....
voted unanimously for a resolution to oppose Proposition 8. The California Teachers Association
California Teachers Association
The California Teachers Association , initially established in 1863 as the California Educational Society, is by far the largest teachers' union in the state of California. It is considered by many to be the most powerful union in California...
donated one million dollars to fight Proposition 8. Chancellor Robert Birgeneau
Robert Birgeneau
Robert Joseph Birgeneau is a Canadian physicist, educator, and university administrator. He is the ninth chancellor of the University of California, Berkeley, and was the fourteenth president of the University of Toronto from 2000 to 2004.-Biography:The first from his family to finish high school,...
of UC Berkeley urged a vote against the measure, claiming a likely threat to California's academic competitiveness if Proposition 8 is passed.
Newspaper editorials and Proposition 8
All ten of the state's largest newspapers editorialized against Proposition 8, including the Los Angeles TimesLos Angeles Times
The Los Angeles Times is a daily newspaper published in Los Angeles, California, since 1881. It was the second-largest metropolitan newspaper in circulation in the United States in 2008 and the fourth most widely distributed newspaper in the country....
, and the San Francisco Chronicle
San Francisco Chronicle
thumb|right|upright|The Chronicle Building following the [[1906 San Francisco earthquake|1906 earthquake]] and fireThe San Francisco Chronicle is a newspaper serving primarily the San Francisco Bay Area of the U.S. state of California, but distributed throughout Northern and Central California,...
. Other papers to have editorial
Editorial
An opinion piece is an article, published in a newspaper or magazine, that mainly reflects the author's opinion about the subject. Opinion pieces are featured in many periodicals.-Editorials:...
ized in opposition include
The New York Times
The New York Times
The New York Times is an American daily newspaper founded and continuously published in New York City since 1851. The New York Times has won 106 Pulitzer Prizes, the most of any news organization...
, La Opinión
La Opinión
La Opinión is a Spanish-language daily newspaper published in Los Angeles, California, USA and distributed throughout the six counties of Southern California. It is the largest Spanish-language newspaper in the United States and second-most read newspaper in Los Angeles . It is published by...
(Los Angeles), and The Bakersfield Californian
The Bakersfield Californian
The Bakersfield Californian is the daily newspaper serving Bakersfield, California and surrounding Kern County in the state's San Joaquin Valley.-History:...
.
Crimes against supporters and opponents
A week before the vote, FresnoFresno, California
Fresno is a city in central California, United States, the county seat of Fresno County. As of the 2010 census, the city's population was 510,365, making it the fifth largest city in California, the largest inland city in California, and the 34th largest in the nation...
Mayor Alan Autry
Alan Autry
Carlos Alan Autry is an American actor, politician, and former National Football League football player. He is best known for his role as Captain Bubba Skinner on the television series In the Heat of the Night; he also has been in numerous movies and other television shows...
received an email containing death threat
Death threat
A death threat is a threat of death, often made anonymously, by one person or a group of people to kill another person or groups of people. These threats are usually designed to intimidate victims in order to manipulate their behavior, thus a death threat is a form of coercion...
s against both himself and Pastor Jim Franklin of Fresno's Cornerstone Church, both of whom had spoken in support of Proposition 8 during a rally at Fresno city hall the preceding weekend. According to Fresno Police Chief
Chief of police
A Chief of Police is the title typically given to the top official in the chain of command of a police department, particularly in North America. Alternate titles for this position include Commissioner, Superintendent, and Chief constable...
Jerry Dyer, the email stated that the threat "was stemming from Prop 8". Fresno "No on 8" organizer Jason Scott condemned the death threats, and Mayor Autry expressed concern that there might be a backlash against opponents of the measure. Fresno-area supporters of gay marriage were also harassed; "No On 8" signs at the Clovis Unitarian Universalist Church
Unitarian Universalism
Unitarian Universalism is a religion characterized by support for a "free and responsible search for truth and meaning". Unitarian Universalists do not share a creed; rather, they are unified by their shared search for spiritual growth and by the understanding that an individual's theology is a...
were torn up, with Reverend Bryan Jessup alleging that his church experienced vandalism
Vandalism
Vandalism is the behaviour attributed originally to the Vandals, by the Romans, in respect of culture: ruthless destruction or spoiling of anything beautiful or venerable...
"every night".
At an LDS church in Orangevale
Orangevale, California
Orangevale is a census-designated place in Sacramento County, California, United States. It is part of the Sacramento–Arden-Arcade–Roseville Metropolitan Statistical Area. The population was 33,960 at the 2010 census, up from 26,705 at the 2000 census. It is located approximately ...
(in Sacramento County), vandals spray-painted in red letters on the front sign and sidewalk: "No on 8" and "No on Prop 8". An affiliate group of the Radical Trans/Queer organization Bash Back! claims to have poured glue into the locks of an LDS church and spray painted
Spray painting
Spray painting is a painting technique where a device sprays a coating through the air onto a surface. The most common types employ compressed gas—usually air—to atomize and direct the paint particles. Spray guns evolved from airbrushes, and the two are usually distinguished by their size and the...
its walls.
Santa Clara County
Santa Clara County, California
Santa Clara County is a county located at the southern end of the San Francisco Bay Area in the U.S. state of California. As of 2010 it had a population of 1,781,642. The county seat is San Jose. The highly urbanized Santa Clara Valley within Santa Clara County is also known as Silicon Valley...
Deputy District Attorney
District attorney
In many jurisdictions in the United States, a District Attorney is an elected or appointed government official who represents the government in the prosecution of criminal offenses. The district attorney is the highest officeholder in the jurisdiction's legal department and supervises a staff of...
(DDA) Jay Boyarsky attributed a surge in anti-gay hate crimes, from 3 in 2007 to 14 in 2008, to controversy over Proposition 8. However, the DDA questioned the reliability of small statistical samples, asserting that the vast majority of hate incidents don't get referred to the DA's office.
Pre-decision opinion polls
Various opinion polls were conducted to estimate the outcome of the proposition. Those margins with differences less than their margins of error are marked as "n.s.", meaning not significant (see Statistical significanceStatistical significance
In statistics, a result is called statistically significant if it is unlikely to have occurred by chance. The phrase test of significance was coined by Ronald Fisher....
). Those margins considered statistically significant are indicated with the percentage points and the side favored in the poll, as either "pro" for in favor of the proposition's passage (e.g., 1% pro), or "con" for against its passage (e.g., 1% con).
According to the director of the Field Poll, the discrepancy between the pre-election polls and ballot results is because "regular church-goers ... were more prone than other voters to be influenced by last-minute appeals to conform to orthodox church positions when voting on a progressive social issue like same-sex marriage."
| Date of opinion poll | Conducted by | Sample size Sample size Sample size determination is the act of choosing the number of observations to include in a statistical sample. The sample size is an important feature of any empirical study in which the goal is to make inferences about a population from a sample... (likely voters) |
In favor | Against | Undecided | Margin | Margin of Error |
|---|---|---|---|---|---|---|---|
| 29–31 October 2008 | SurveyUSA SurveyUSA SurveyUSA is a polling firm in the United States. It conducts market research for corporations and interest groups, but is best known for conducting opinion polls for various political offices and questions... |
637 | 47% | 50% | 3% | n.s. Statistical significance In statistics, a result is called statistically significant if it is unlikely to have occurred by chance. The phrase test of significance was coined by Ronald Fisher.... |
±4% |
| 18–28 October 2008 | The Field Poll | 966 | 44% | 49% | 7% | 5% con | ±3.3% |
| 12–19 October 2008 | Public Policy Institute of California Public Policy Institute of California Public Policy Institute of California is an independent, nonpartisan, non-profit research institution. Based in San Francisco, California, the institute was established in 1994 with a $70 million endowment from William Reddington Hewlett... |
1,186 | 44% | 52% | 4% | 8% con | ±3% |
| 15–16 October 2008 | SurveyUSA SurveyUSA SurveyUSA is a polling firm in the United States. It conducts market research for corporations and interest groups, but is best known for conducting opinion polls for various political offices and questions... |
615 | 48% | 45% | 7% | n.s. Statistical significance In statistics, a result is called statistically significant if it is unlikely to have occurred by chance. The phrase test of significance was coined by Ronald Fisher.... |
±4% |
| 4–5 October 2008 | SurveyUSA | 670 | 47% | 42% | 10% | 5% pro | ±3.9% |
| 23–24 September 2008 | SurveyUSA | 661 | 44% | 49% | 8% | 5% pro | ±3.9% |
| 9–16 September 2008 | Public Policy Institute of California | 1,157 | 41% | 55% | 4% | 14% con | ±3% |
| 5–14 September 2008 | The Field Poll | 830 | 38% | 55% | 7% | 17% con | ±3.5% |
| 12–19 August 2008 | Public Policy Institute of California | 1,047 | 40% | 54% | 6% | 14% con | ±3% |
| 8–14 July 2008 | The Field Poll | 672 | 42% | 51% | 7% | 9% con | ±3.9% |
| 17–26 May 2008 | The Field Poll | 1,052 | 42% | 51% | 7% | 9% con | ±3.2% |
| May 22, 2008 | Los Angeles Times Los Angeles Times The Los Angeles Times is a daily newspaper published in Los Angeles, California, since 1881. It was the second-largest metropolitan newspaper in circulation in the United States in 2008 and the fourth most widely distributed newspaper in the country.... /KTLA KTLA KTLA, virtual channel 5, is a television station in Los Angeles, California, USA. Owned by the Tribune Company, KTLA is an affiliate of the CW Television Network. KTLA's studios are on Sunset Boulevard in Hollywood, and its transmitter is located atop Mount Wilson... |
705 | 54% | 35% | 11% | 19% pro | ±4% |
Results
Amending the California Constitution by voter initiative requires a simple majority
Majority
A majority is a subset of a group consisting of more than half of its members. This can be compared to a plurality, which is a subset larger than any other subset; i.e. a plurality is not necessarily a majority as the largest subset may consist of less than half the group's population...
to be enacted.
Edison/Mitofsky conducted an exit poll
Exit poll
An election exit poll is a poll of voters taken immediately after they have exited the polling stations. Unlike an opinion poll, which asks whom the voter plans to vote for or some similar formulation, an exit poll asks whom the voter actually voted for. A similar poll conducted before actual...
on behalf of the National Election Pool
National Election Pool
The National Election Pool is a consortium of American news organizations formed in 2003 to provide "information on Election Night about the vote count, election analysis and election projections." See ....
which is the only source of data on voter demographics in California in the 2008 election. The statistical trends from the exit poll of 2,240 voters suggested that an array of voters came out both in opposition to and in support of Proposition 8, with no single demographic group
Demography
Demography is the statistical study of human population. It can be a very general science that can be applied to any kind of dynamic human population, that is, one that changes over time or space...
making up most of either the Yes or No vote. Support for Proposition 8 was strong amongst African American voters, interviewed in the exit poll with 70% in favor, more than any other racial group. The high-profile candidacy of Barack Obama is credited with increasing black turnout on the bill which has been seen as the crucial difference in its passing. Subsequent analysis showed black support at only 58%, still above the 52% support received by all voters. Those who described themselves as religious were the strongest supporters of prop 8. Young voters were more likely to have voted against the ballot measure than older voters, while Republicans were more likely to have supported the measure than were Democrats.
County breakdown
| County | Yes | Votes | No | Votes |
|---|---|---|---|---|
| Kern Kern County, California Spreading across the southern end of the California Central Valley, Kern County is the fifth-largest county by population in California. Its economy is heavily linked to agriculture and to petroleum extraction, and there is a strong aviation and space presence. Politically, it has generally... |
75.3% | 175,167 | 24.7% | 57,496 |
| Tulare Tulare County, California Tulare County is a county located in the Central Valley of the U.S. state of California, south of Fresno. Sequoia National Park is located in the county, as are part of Kings Canyon National Park, in its northeast corner , and part of Mount Whitney, on its eastern border... |
75.1% | 78,578 | 24.9% | 26,113 |
| Modoc Modoc County, California Modoc County is a county located in the far northeast corner of the U.S. state of California, bounded by the state of Oregon to the north and the state of Nevada to the east. As of the 2010 census, its population was 9,686, up from 9,449 at the 2000 census. The current county seat is Alturas, the... |
74.2% | 3,279 | 25.8% | 1,142 |
| Kings Kings County, California Kings County is a county located in the Central Valley of the U.S. state of California. It is located in a rich agricultural region. Kings County is also home to NAS Lemoore, which is the U.S. Navy's newest and largest master jet air station. The county seat is Hanford... |
73.7% | 25,821 | 26.3% | 9,244 |
| Madera Madera County, California Madera County is a county of the U.S. state of California, located in the Central Valley and the Sierra Nevada north of Fresno County. It comprises the Madera-Chowchilla, CA Metropolitan Statistical Area. As of the 2010 census the population was 150,865... |
73.5% | 30,906 | 26.5% | 11,193 |
| Glenn Glenn County, California Glenn County is in the California Central Valley. As of 2010, it had a population of 28,122. The county seat is the city of Willows.-History:Glenn County was formed in 1891 from parts of Colusa County. It was named for Dr. Hugh J... |
73.3% | 7,235 | 26.7% | 2,644 |
| Tehama Tehama County, California Tehama County is a county located in the northern part of the U.S. state of California. It is bisected by the Sacramento River. As of 2010 its population was 63,463, up from 56,039 as of 2000. The county seat is Red Bluff.-History:... |
72.8% | 17,777 | 27.2% | 6,675 |
| Colusa Colusa County, California Colusa County is a county located in the Central Valley of the U.S. state of California, northwest of state capital Sacramento. As of the 2010 census, its population was 21,419. The county seat is Colusa.-History:... |
71.6% | 4,556 | 28.4% | 1,815 |
| Lassen Lassen County, California Lassen County is a county located in the northeastern portion of the U.S. state of California. As of the 2010 census, the population was 34,895, up from 33,828 at the 2000 census... |
71.3% | 8,021 | 28.7% | 3,241 |
| Merced Merced County, California Merced County , is a county located in the Central Valley of the U.S. state of California, north of Fresno and southeast of San Jose. As of the 2010 census, the population was 255,793, up from 210,554 at the 2000 census. The county seat is Merced... |
70.8% | 44,800 | 29.2% | 18,520 |
| Sutter Sutter County, California Sutter County is a county located along the Sacramento River in the Central Valley of the U.S. state of California, north of state capital Sacramento. Sutter County is part of the Greater Sacramento CSA.... |
70.4% | 23,032 | 29.6% | 9,707 |
| Shasta Shasta County, California Shasta County is a county located in the northern portion of the U.S. state of California. The county occupies the northern reaches of the Sacramento Valley, with portions extending into the southern reaches of the Cascade Range. As of the 2010 census, the population was 177,223, up from 163,256... |
69.7% | 55,698 | 30.3% | 24,224 |
| Imperial Imperial County, California Imperial County is a county located in the Imperial Valley, in the far southeast of the U.S. state of California, bordering both Arizona and Mexico. It is part of the El Centro Metropolitan Area, which encompasses all of Imperial County. The population as of 2000 was 142,361. The county seat is the... |
69.7% | 27,048 | 30.3% | 11,783 |
| Fresno Fresno County, California Fresno County is a county located in the Central Valley of the U.S. state of California, south of Stockton and north of Bakersfield. As of the 2010 census, it is the tenth most populous county in California with a population of 930,450, and the sixth largest in size with an area of . The county... |
68.7% | 185,993 | 31.3% | 83,122 |
| Stanislaus Stanislaus County, California Stanislaus County is a county located in the Central Valley of the U.S. state of California. As the price of housing has increased in the San Francisco Bay Area, many people who work in the southern reaches of the Bay Area have opted for the longer commute and moved to Stanislaus County for the... |
67.9% | 108,988 | 32.1% | 51,598 |
| Yuba Yuba County, California Yuba County is a county located in the U.S. state of California's Central Valley, north of Sacramento, along the Feather River. As of the 2010 census, its population was 72,155. The county seat is Marysville. Yuba County is part of the Greater Sacramento area.-History:Yuba County was one of the... |
67.6% | 14,323 | 32.4% | 6,868 |
| San Bernardino San Bernardino County, California San Bernardino County is a county in the U.S. state of California. As of the 2010 census, the population was 2,035,210, up from 1,709,434 as of the 2000 census... |
66.8% | 404,762 | 33.2% | 202,227 |
| San Joaquin San Joaquin County, California San Joaquin County is a county located in Central Valley of the U.S. state of California, just east of the San Francisco Bay Area. As of the 2010 census, the population was 685,306. The county seat is Stockton.-History:... |
65.5% | 135,728 | 34.5% | 71,747 |
| Riverside Riverside County, California Riverside County is a county in the U.S. state of California. One of 58 California counties, it covers in the southern part of the state, and stretches from Orange County to the Colorado River, which forms the state border with Arizona. The county derives its name from the city of Riverside,... |
64.7% | 417,133 | 35.3% | 228,449 |
| Sierra Sierra County, California Sierra County is a county located in the Sierra Nevada of the U.S. state of California, northeast of Sacramento on the border with Nevada. As of the 2010 census the population was 3,240, down from 3,555 at the 2000 census. The county seat is Downieville.... |
64.2% | 1,273 | 35.8% | 711 |
| Amador Amador County, California Amador County is a county located in the Sierra Nevada of the U.S. state of California. As of the 2010 census, the population was 38,091. The county seat is Jackson.Amador County bills itself as "The Heart of the Mother Lode" and lies within the Gold Country... |
64.0% | 11,945 | 36.0% | 6,725 |
| Calaveras Calaveras County, California Calaveras County is a county located in the Gold Country of the U.S. state of California. Calaveras is the Spanish word for skulls; the county was reportedly named for the remains of Native Americans discovered by the Spanish explorer Captain Gabriel Moraga. As of the 2010 census, the county had a... |
63.9% | 14,624 | 36.1% | 8,588 |
| Tuolumne Tuolumne County, California Tuolumne County is a county in the Sierra Nevada of the U.S. state of California. The northern half of Yosemite National Park is located in the eastern part of the county. As of the 2010 census, the population was 55,365, up from 54,501 at the 2000 census... |
62.6% | 16,964 | 37.4% | 10,163 |
| Mariposa Mariposa County, California Mariposa County is a county in the U.S. state of California, located in the western foothills of the Sierra Nevada mountains. It lies north of Fresno, east of Merced, and southeast of Stockton. As of the 2010 census, the population was 18,251 up from 17,130 at the 2000 census... |
62.1% | 5,961 | 37.9% | 3,640 |
| Inyo Inyo County, California -National protected areas:* Death Valley National Park * Inyo National Forest * Manzanar National Historic Site-Major highways:* U.S. Route 6* U.S. Route 395* State Route 127* State Route 136* State Route 168* State Route 178... |
60.6% | 5,116 | 39.4% | 3,334 |
| Del Norte Del Norte County, California Del Norte County is a county located at the far northwest corner of the U.S. state of California on the Pacific adjacent to the Oregon border. As of the 2010 census, it had a population of 28,610. The county seat is Crescent City, the county's only incorporated city. Del Norte is the abbreviated... |
60.1% | 5,658 | 39.9% | 3,770 |
| Siskiyou Siskiyou County, California Siskiyou County is a county located in the far northernmost part of the U.S. state of California, in the Shasta Cascade region on the Oregon border. Yreka is the county seat. Because of its substantial natural beauty, outdoor recreation opportunities, and Gold Rush era history, it is an important... |
60.0% | 12,668 | 40.0% | 8,475 |
| Plumas Plumas County, California Plumas County is a county located in the Sierra Nevada of the U.S. state of California. The county gets its name from the Spanish words for the Feather River , which flows through the county. As of the 2010 census, the population 20,007, down from 20,824 at the 2000 census... |
60.0% | 6,576 | 40.0% | 4,401 |
| Placer Placer County, California Placer County is a county located in both the Sacramento Valley and Sierra Nevada regions of the U.S. state of California, in what is known as the Gold Country. It stretches from the suburbs of Sacramento to Lake Tahoe and the Nevada border. Because of the expansion of the Greater Sacramento,... |
59.8% | 102,977 | 40.2% | 69,444 |
| El Dorado El Dorado County, California El Dorado County is a county located in the historic Gold Country in the Sierra Nevada Mountains and foothills of the U.S. state of California. The 2010 population was 181,058. The El Dorado county seat is in Placerville.... |
58.3% | 53,837 | 41.7% | 38,534 |
| Orange Orange County, California Orange County is a county in the U.S. state of California. Its county seat is Santa Ana. As of the 2010 census, its population was 3,010,232, up from 2,846,293 at the 2000 census, making it the third most populous county in California, behind Los Angeles County and San Diego County... |
57.7% | 659,037 | 42.3% | 484,015 |
| Trinity Trinity County, California Trinity County is a large, rugged and mountainous, heavily forested county located in the northwestern portion of the U.S. state of California, along the Trinity River and within the Salmon/Klamath Mountains. It covers an area of over two million acres , and as of the 2010 census its population... |
56.2% | 3,563 | 43.8% | 2,785 |
| Butte Butte County, California Butte County is a county located in the Central Valley of the US state of California, north of the state capital of Sacramento. As of the 2010 census, it had a population of 220,000. The county seat is Oroville. Butte County is the "Land of Natural Wealth and Beauty."Butte County is watered by the... |
56.1% | 54,822 | 43.9% | 43,045 |
| Solano Solano County, California Solano County is a county located in Bay-Delta region of the U.S. state of California, about halfway between San Francisco and Sacramento and is one of the nine San Francisco Bay Area counties. The county's population was reported by the U.S. Census to be 413,344 in 2010... |
55.9% | 89,292 | 44.1% | 70,680 |
| San Benito San Benito County, California San Benito County is a county located in the Coast Range Mountains of the U.S. state of California, south of San Jose. As of 2010 the population was 55,269. The county seat is Hollister, which includes nearly two-thirds of the county's population. El Camino Real passes through the county and... |
54.8% | 10,657 | 45.2% | 8,794 |
| Sacramento Sacramento County, California Sacramento County is a county in the U.S. state of California. Its county seat is Sacramento, which is also the state capital. As of 2010 the county had a population of 1,418,788.... |
53.9% | 289,378 | 46.1% | 248,444 |
| San Diego San Diego County, California San Diego County is a large county located in the southwestern corner of the US state of California. Hence, San Diego County is also located in the southwestern corner of the 48 contiguous United States. Its county seat and largest city is San Diego. Its population was about 2,813,835 in the 2000... |
53.8% | 655,625 | 46.2% | 565,054 |
| Ventura Ventura County, California Ventura County is a county in the southern part of the U.S. state of California. It is located on California's Pacific coast. It is often referred to as the Gold Coast, and has a reputation of being one of the safest populated places and one of the most affluent places in the country... |
52.9% | 178,719 | 47.1% | 159,284 |
| Lake Lake County, California Lake County is a county located in the north central portion of the U.S. state of California, north of the San Francisco Bay Area. It takes its name from Clear Lake, the dominant geographic feature in the county and the largest natural lake wholly within California... |
52.0% | 13,036 | 48.0% | 12,080 |
| San Luis Obispo San Luis Obispo County, California San Luis Obispo County is a county located along the Pacific Ocean in the Central Coast of the U.S. state of California, between Los Angeles and the San Francisco Bay Area. As of the 2010 census its population was 269,637, up from 246,681 at the 2000 census... |
51.1% | 67,304 | 48.9% | 64,555 |
| Los Angeles Los Angeles County, California Los Angeles County is a county in the U.S. state of California. As of 2010 U.S. Census, the county had a population of 9,818,605, making it the most populous county in the United States. Los Angeles County alone is more populous than 42 individual U.S. states... |
50.1% | 1,624,672 | 49.9% | 1,622,287 |
| Nevada Nevada County, California Nevada County is a county located in the Sierra Nevada of California, in the Mother Lode country. As of 2010 its population was 98,764. The county seat is Nevada City.-History:Nevada County was created in 1851 from parts of Yuba County.... |
50.1% | 27,617 | 49.9% | 27,614 |
| Monterey Monterey County, California Monterey County is a county located on the Pacific coast of the U.S. state of California, its northwestern section forming the southern half of Monterey Bay. The northern half of the bay is in Santa Cruz County. As of 2010, the population was 415,057. The county seat and largest city is Salinas... |
48.4% | 62,251 | 51.6% | 66,191 |
| Santa Barbara Santa Barbara County, California Santa Barbara County is a county located in the southern portion of the U.S. state of California, on the Pacific coast. As of 2010 the county had a population of 423,895. The county seat is Santa Barbara and the largest city is Santa Maria.-History:... |
46.4% | 80,117 | 53.6% | 92,305 |
| Contra Costa Contra Costa County, California Contra Costa County is a primarily suburban county in the San Francisco Bay Area of the U.S. state of California. As of the 2010 census, it had a population of 1,049,025... |
44.6% | 198,713 | 55.4% | 246,753 |
| Napa Napa County, California Napa County is a county located north of the San Francisco Bay Area in the U.S. state of California. It is coterminous with the Napa, California, Metropolitan Statistical Area. As of 2010 the population is 136,484. The county seat is Napa.... |
44.4% | 26,227 | 55.6% | 32,742 |
| Mono Mono County, California Mono County is a county located in the east central portion of the U.S. state of California, to the east of the Sierra Nevada between Yosemite National Park and Nevada. As of the 2010 census, the population was 14,202, up from 12,853 at the 2000 census... |
44.2% | 2,425 | 55.8% | 3,050 |
| Santa Clara Santa Clara County, California Santa Clara County is a county located at the southern end of the San Francisco Bay Area in the U.S. state of California. As of 2010 it had a population of 1,781,642. The county seat is San Jose. The highly urbanized Santa Clara Valley within Santa Clara County is also known as Silicon Valley... |
44.2% | 291,347 | 55.8% | 367,053 |
| Alpine Alpine County, California Alpine County is the smallest county, by population, in the U.S. state of California. As of 2010, it had a population of 1,175, all rural. There are no incorporated cities in the county. The county seat is Markleeville... |
43.6% | 293 | 56.4% | 379 |
| Yolo Yolo County, California Yolo County is a county located in the northern part of the U.S. state of California, bordered by the other counties of Sacramento, Solano, Napa, Lake, Colusa, and Sutter. The city of Woodland is its county seat, though Davis is its largest city.... |
41.3% | 32,816 | 56.4% | 46,537 |
| Humboldt Humboldt County, California Humboldt County is a county in the U.S. state of California, located on the far North Coast 200 miles north of San Francisco. According to 2010 Census Data, the county’s population was 134,623... |
39.9% | 25,296 | 60.1% | 37,963 |
| San Mateo San Mateo County, California San Mateo County is a county located in the San Francisco Bay Area of the U.S. state of California. It covers most of the San Francisco Peninsula just south of San Francisco, and north of Santa Clara County. San Francisco International Airport is located at the northern end of the county, and... |
38.2% | 114,695 | 61.8% | 185,127 |
| Alameda Alameda County, California Alameda County is a county in the U.S. state of California. It occupies most of the East Bay region of the San Francisco Bay Area. As of the 2010 census it had a population of 1,510,271, making it the 7th most populous county in the state... |
38.0% | 232,923 | 62.0% | 378,692 |
| Mendocino Mendocino County, California Mendocino County is a county located on the north coast of the U.S. state of California, north of the greater San Francisco Bay Area and west of the Central Valley. As of the 2010 census, the population was 87,841, up from 86,265 at the 2000 census... |
36.8% | 14,649 | 63.2% | 25,072 |
| Sonoma Sonoma County, California Sonoma County, located on the northern coast of the U.S. state of California, is the largest and northernmost of the nine San Francisco Bay Area counties. Its population at the 2010 census was 483,878. Its largest city and county seat is Santa Rosa.... |
33.5% | 76,143 | 66.5% | 150,763 |
| Santa Cruz Santa Cruz County, California Santa Cruz County is a county located on the Pacific coast of the U.S. state of California, on the California Central Coast. The county forms the northern coast of the Monterey Bay. . As of the 2010 U.S. Census, its population was 262,382. The county seat is Santa Cruz... |
28.7% | 36,163 | 71.3% | 89,793 |
| Marin Marin County, California Marin County is a county located in the North San Francisco Bay Area of the U.S. state of California, across the Golden Gate Bridge from San Francisco. As of 2010, the population was 252,409. The county seat is San Rafael and the largest employer is the county government. Marin County is well... |
24.9% | 34,324 | 75.1% | 103,341 |
| San Francisco | 24.8% | 92,536 | 75.2% | 280,491 |
Post-election events
A constitutional amendment passed by the electorate takes effect the day after the election. On the evening of November 4 the "Yes on 8" campaign issued a statement by Ron Prentice, the chairman of ProtectMarriage.com, saying "The people of California stood up for traditional marriage and reclaimed this great institution." The organizers of the "No on Prop 8" campaign issued a statement on November 6 saying "Tuesday’s vote was deeply disappointing to all who believe in equal treatment under the law." The counties of Los AngelesLos Angeles County, California
Los Angeles County is a county in the U.S. state of California. As of 2010 U.S. Census, the county had a population of 9,818,605, making it the most populous county in the United States. Los Angeles County alone is more populous than 42 individual U.S. states...
, San Francisco, Yolo
Yolo County, California
Yolo County is a county located in the northern part of the U.S. state of California, bordered by the other counties of Sacramento, Solano, Napa, Lake, Colusa, and Sutter. The city of Woodland is its county seat, though Davis is its largest city....
, Kern
Kern County, California
Spreading across the southern end of the California Central Valley, Kern County is the fifth-largest county by population in California. Its economy is heavily linked to agriculture and to petroleum extraction, and there is a strong aviation and space presence. Politically, it has generally...
, Santa Barbara
Santa Barbara County, California
Santa Barbara County is a county located in the southern portion of the U.S. state of California, on the Pacific coast. As of 2010 the county had a population of 423,895. The county seat is Santa Barbara and the largest city is Santa Maria.-History:...
, San Luis Obispo
San Luis Obispo County, California
San Luis Obispo County is a county located along the Pacific Ocean in the Central Coast of the U.S. state of California, between Los Angeles and the San Francisco Bay Area. As of the 2010 census its population was 269,637, up from 246,681 at the 2000 census...
, Sonoma, San Diego
San Diego County, California
San Diego County is a large county located in the southwestern corner of the US state of California. Hence, San Diego County is also located in the southwestern corner of the 48 contiguous United States. Its county seat and largest city is San Diego. Its population was about 2,813,835 in the 2000...
, San Bernardino
San Bernardino County, California
San Bernardino County is a county in the U.S. state of California. As of the 2010 census, the population was 2,035,210, up from 1,709,434 as of the 2000 census...
, Sacramento
Sacramento County, California
Sacramento County is a county in the U.S. state of California. Its county seat is Sacramento, which is also the state capital. As of 2010 the county had a population of 1,418,788....
, and Tuolumne
Tuolumne County, California
Tuolumne County is a county in the Sierra Nevada of the U.S. state of California. The northern half of Yosemite National Park is located in the eastern part of the county. As of the 2010 census, the population was 55,365, up from 54,501 at the 2000 census...
stopped issuing marriage license
Marriage license
A marriage license is a document issued, either by a church or state authority, authorizing a couple to marry. The procedure for obtaining a license varies between countries and has changed over time...
s to same-sex couples the day after the election.
Following the passage of Proposition 8, mass protests
November 15, 2008 anti-Proposition 8 protests
On November 15, 2008, 1 million people in 300 cities across the United States and ten countries protested California voters' approval of Proposition 8, which changed the state Constitution to restrict the definition of marriage to opposite-sex couples and eliminated same-sex couples' right to marry...
took place across the state. These included protests outside a temple of the LDS Church
Temple (LDS Church)
In The Church of Jesus Christ of Latter-day Saints , a temple is a building dedicated to be a House of the Lord, and they are considered by Church members to be the most sacred structures on earth. Upon completion, temples are usually open to the public for a short period of time...
in Westwood, Los Angeles
Westwood, Los Angeles, California
Westwood is a neighborhood on the Westside of Los Angeles, California, United States. It is the home of the University of California, Los Angeles .-History:...
; a march through Hollywood that blocked traffic and elicited police intervention; and a candlelight vigil
Candlelight vigil
A candlelight vigil is an outdoor assembly of people carrying candles, held after sunset. Such events are typically held either to protest the suffering of some marginalized group of people, or in memory of lives lost to some disease, disaster, massacre or other tragedy. In the latter case, the...
in front of the Sacramento
Sacramento
Sacramento is the capital of the state of California, in the United States of America.Sacramento may also refer to:- United States :*Sacramento County, California*Sacramento, Kentucky*Sacramento – San Joaquin River Delta...
Gay and Lesbian Center. In San Francisco, thousands gathered in front of the City Hall to protest the proposition and to perform a candlelit vigil. Speakers who voiced their opinion in opposition of Proposition 8 included state senator Mark Leno
Mark Leno
Mark Leno is an American politician, representing California's 3rd Senate district, which includes parts of San Francisco and Sonoma County, as well as the entirety of Marin County. He was elected in 2008 and is the first openly gay man to serve in the Senate...
and mayor Gavin Newsom
Gavin Newsom
Gavin Christopher Newsom is an American politician who is the 49th and current Lieutenant Governor of California. Previously, he was the 42nd Mayor of San Francisco, and was elected in 2003 to succeed Willie Brown, becoming San Francisco's youngest mayor in 100 years. Newsom was re-elected in 2007...
.
These protests led to several lawsuits being filed in the State Supreme Court and the Federal District Court. On November 13, 2008, the California Supreme Court asked California Attorney General Jerry Brown
Jerry Brown
Edmund Gerald "Jerry" Brown, Jr. is an American politician. Brown served as the 34th Governor of California , and is currently serving as the 39th California Governor...
for an opinion on whether the Court should accept these cases for review and whether the measure should be suspended while they decide the case. On November 19, the Court accepted three lawsuits challenging Proposition 8, which consolidated into Strauss v. Horton.
Overturned in federal district court and stay
After the California Supreme Court upheld the voter initiative, a suit, Perry v. SchwarzeneggerPerry v. Schwarzenegger
Perry v. Schwarzenegger is a federal lawsuit filed in the United States District Court for the Northern District of California challenging the federal constitutionality of Proposition 8, a 2008 ballot initiative that amended the California Constitution to restrict marriage to opposite-sex couples,...
was filed in a Federal District Court
United States District Court for the Northern District of California
The United States District Court for the Northern District of California is the federal United States district court whose jurisdiction comprises following counties of California: Alameda, Contra Costa, Del Norte, Humboldt, Lake, Marin, Mendocino, Monterey, Napa, San Benito, San Francisco, San...
in San Francisco. On August 4, 2010, U.S. District Chief Judge Vaughn R. Walker
Vaughn R. Walker
Vaughn R. Walker served as a district judge of the United States District Court for the Northern District of California from 1989 to 2011.-Biography:Walker was born in Watseka, Illinois, in 1944...
overturned Proposition 8 but also stayed the ruling; the voter initiative was to remain in effect pending appeal. On August 12, Walker announced his decision to lift the stay
Stay of execution
A stay of execution is a court order to temporarily suspend the execution of a court judgment or other court order. The word "execution" does not necessarily mean the death penalty; it refers to the imposition of whatever judgment is being stayed....
(which would have allowed same-sex marriages to be performed) as of August 18, 2010.
However, on August 16, 2010, the United States Court of Appeals for the Ninth Circuit
United States Court of Appeals for the Ninth Circuit
The United States Court of Appeals for the Ninth Circuit is a U.S. federal court with appellate jurisdiction over the district courts in the following districts:* District of Alaska* District of Arizona...
indefinitely extended the District Court's stay, stopping new same-sex marriages in the state of California pending appeal. It also scheduled an accelerated time table for hearing an appeal of Walker's ruling.
On January 4, 2011, the appeals court ruled that Imperial County
Imperial County, California
Imperial County is a county located in the Imperial Valley, in the far southeast of the U.S. state of California, bordering both Arizona and Mexico. It is part of the El Centro Metropolitan Area, which encompasses all of Imperial County. The population as of 2000 was 142,361. The county seat is the...
did not have standing
Standing (law)
In law, standing or locus standi is the term for the ability of a party to demonstrate to the court sufficient connection to and harm from the law or action challenged to support that party's participation in the case...
to intervene in the suit. In the second, the court certified a question
Certified question
In the law of the United States, a certified question is a formal request by one court to one of its sister courts, usually but not always in another jurisdiction, for an opinion on a question of law....
to the California Supreme Court as to whether non-governmental proponents of the amendment have standing to appeal. The California Supreme Court on February 16 unanimously agreed to address the Ninth Circuit's request. The state court set an expedited schedule and heard oral arguments on September 6, 2011. On November 17, they issued an advisory opinion that the proponents did have standing.
Full text
Proposition 8 consisted of only two short sections. Its full text was:
Section I. Title
- This measure shall be known and may be cited as the "California Marriage Protection Act."
Section 2. Article I. Section 7.5 is added to the California Constitution, to read:
- Sec. 7.5. Only marriage between a man and a woman is valid or recognized in California.
See also
- Briggs Initiative
- California Marriage Equality Act
- Constitutional lawConstitutional lawConstitutional law is the body of law which defines the relationship of different entities within a state, namely, the executive, the legislature and the judiciary....
- LGBT rights in CaliforniaLGBT rights in CaliforniaCalifornia is considered generally liberal in its policies regarding the LGBT community, and the rights of lesbian, gay, bisexual and transgender people have received greater recognition since 1960 at both the state and municipal level. The state grants extensive recognition to same-sex couples,...
- List of U.S. state constitutional amendments banning same-sex unions by type
External links
- ProtectMarriage.com: Organizational sponsor of Proposition 8
- No On Prop. 8: Organizational opponent to Proposition 8
- California Official Voter Information Guide on Proposition 8, Title and summary, analysis, arguments and rebuttals, and the text of the proposition.
- Scan of Initiative from California Attorney GeneralCalifornia Attorney GeneralThe California Attorney General is the State Attorney General of California. The officer's duty is to ensure that "the laws of the state are uniformly and adequately enforced" The Attorney General carries out the responsibilities of the office through the California Department of Justice.The...
website - The Money Behind the 2008 Same-Sex Partnership Ballot Measures - National Institute on Money in State Politics
- The court's decision in Perry v Schwarzenegger