California Proposition 8
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Proposition 8 was a ballot initiative that modified California's constitution to prohibit same-sex marriage.
Contents |
Overview
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.[1]
Background
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,[2] 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,[3] 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
On November 4, 2008, during the California General Election, 52.30% of the voters agreed to eliminate the right of same-sex couples to marry in the state of California.[4]
Article I, Section 7.5 was added to the California Constitution:[5]
Only marriage between a man and a woman is valid or recognized in California.
Resulting Lawsuit
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.[6] An appeal was filed with the Ninth Circuit Court of Appeals.[7]
References
- ↑ 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
External Links
- 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
- Judge Overturns California's Proposition 8 - - CourtSide
- A federal judge in San Francisco has ruled that California's Proposition 8, a voter-approved amendment to the state... [?]
- Proposition 8: Stay Denied by Judge Vaughn Walker - Civil ...
- Proposition 8: Stay Denied by Judge Vaughn Walker. By Tanya Roth on August 12, 2010 2:17 PM | No TrackBacks. Depending on whom you ask, the decision ... [?]
- Prop 8 Arguments at 9th Circuit to Be Televised - Civil ...
- If you consider the arguments regarding California's ban on same sex marriage, Proposition 8, to be in any way revolutionary, then the answer is yes. ... [?]
- Proposition 8 Overturned, Now What? - Civil Rights - Law and ...
- Proposition 8 Overturned, Now What? By Tanya Roth on August 4, 2010 3:02 PM | No TrackBacks. The Beatles said it best; the legal journey to decide ... [?]
- Prop 8 Lawsuit Divides Gay Rights Activists - Civil Rights ...
- The Prop 8 lawsuit claims that California's Proposition 8, which defined marriage as between a man and a woman in the California Constitution, is unconstitutional. ... [?]
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