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California Proposition 8
Proposition 8 was a ballot initiative that modified California's constitution to prohibit same-sex marriage.
Proposition 8, also known as the California Marriage Protection Act, was a ballot initiative approved by a majority of California voters on November 4, 2008 that modified California's constitution to prohibit same-sex marriage.
Gay marriage legislation is a contentious topic in the U.S., especially so in the state of California. There have been various legal and voter initiatives with regards to same-sex marriage.
In the case of Lockyer v. City and County of San Francisco, 33 Cal.4th 1055 (2004) the Supreme Court of California held that because there was no judicial determination with regard to California's statutes that limited marriage to to be a union between a man and a woman as being unconstitutional, the 4,000 same-sex marriages performed in San Francisco were void due to the unlawful issuing of marriage certificated to same-sex couples by public officials. At the time, California Family Code § 300 was in place, stating:
Marriage is a personal relation arising out of a civil contract between a man and a woman
With the In re Marriage Cases, 43 Cal.4th 757 (2008), the Supreme Court of California ruled that limiting marriage to a union between a man and a woman to be a violation of the state Constitution. The court stated:
...[L]imiting the designation of marriage to a union “between a man and a woman” is unconstitutional and must be stricken from the statute, and that the remaining statutory language must be understood as making the designation of marriage available both to opposite-sex and same-sex couples.
From May 16, 2008 to November 5, 2008, marriage licenses were granted to same-sex couples in the state of California.
Change to California's Constitution
Article I, Section 7.5 was added to the California Constitution:
Only marriage between a man and a woman is valid or recognized in California.
Following California's November General Election, a lawsuit, Perry v. Schwarzenegger, was filed in 2009 by two homosexual couples against California government officials and supporters of California's Proposition 8. In 2010, a federal court judge ruled that Proposition 8 was unconstitutional, violating the Due Process and the Equal Protection clauses of the Fourteenth Amendment of the U.S. Constitution. An appeal was filed with the Ninth Circuit Court of Appeals.
- ↑ http://www.sos.ca.gov/elections/sov/2008_general/
- ↑ http://fl1.findlaw.com/news.findlaw.com/wp/docs/glrts/lckyrsf81204opn.pdf
- ↑ http://caselaw.lp.findlaw.com/data2/californiastatecases/s147999.pdf
- ↑ http://www.sos.ca.gov/elections/sov/2008_general/sov_complete.pdf
- ↑ http://www.leginfo.ca.gov/const-toc.html
- ↑ http://blogs.findlaw.com/courtside/2010/08/judge-overturns-californias-proposition-8.html
- ↑ http://blogout.justout.com/?p=20392
- Proposition 8 - California Marriage Protection Act
- California Constitution (Article 1 Section 7.5)
- November 4, 2008 General Election - Statement of Vote
- Proposition 8 (Eliminates Right of Same-Sex Couples to Marry) General Election Map
- FAQs for Same-Sex Couples in California
- High Profile Cases in the Supreme Court of California
Related Resources on FindLaw
- Same-Sex Couples and the Law
- Developments in Same-Sex Marriage Law
- The Olson/Boies Challenge to California's Proposition 8: A High-Risk Effort
- An Analysis of the California Court Ruling Upholding Proposition 8
Related Blogs on FindLaw
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