California Proposition 8 (2008)

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Contents

Proposition 8 is a statewide ballot proposition in California. On November 4, 2008, voters approved the measure and made same-sex marriage illegal in California. The campaign over Proposition 8 was fiercely contested. In the aftermath of the vote, an intense focus on Proposition 8 has continued with rallies and protests around the country through the end of the year, and with litigation focusing on many aspects of the initiative and campaign finance.

Proposition 8 adds a new amendment to the California Constitution which says, "only marriage between a man and a woman is valid or recognized in California". Before it passed, same-sex marriage was a constitutionally-protected right in California; a majority of the justices of the California Supreme Court affirmed this understanding of the constitution in May 2008.

Three lawsuits seeking to invalidate Proposition 8 were filed soon after the election; on November 19, the California Supreme Court announced that it will consider these lawsuits. Proposition 8 will remain in force during this period of judicial review. Oral arguments in the case are expected to be heard in March 2009.[1],[2],[3],[4]

Proposition 8 received 52.5% of the vote in the state's unofficial vote canvass; the Secretary of State's office will not officially call the results of Prop 8 until December 13 after they have been able to count all absentee and provisional ballots.

The ballot title of Proposition 8 was Eliminates Right of Same-Sex Couples to Marry.[5].

Election results

California Proposition 8
Votes Percentage
Yes 6,838,107 52.3%
No 6,246,463 47.7%
Total votes 13,084,570 100%

Results according to the California Secretary of State[6]

Background

California first explicitly defined marriage as a state between a man and woman in 1977.[7] That year, the California State Legislature passed a law that said that marriage is a "personal relation arising out of a civil contract between a man and a woman". While no previous California legislation contained explicit language regarding sex or gender, California law prior to 1959 explicitly prohibited marriage between people of different races. Many other states prohibited interracial marriage until 1967, when the United States Supreme Court ruled this unconstitutional, in the case Loving v. Virginia. [8]

In 2000, voters passed ballot initiative Proposition 22 with a margin of 61%, which changed California Family Code to formally define marriage in California between a man and a woman. Prop. 22 was a statutory change via the initiative process, not a constitutional change via the initiative process.

In 2004, San Francisco Mayor Gavin Newsom performed same-sex marriages in his city, which were subsequently judicially annulled. This case, and some others, eventually led to a decision announced on May 15, 2008 of the California Supreme Court, which by a 4-3 vote struck down Proposition 22.[9]

Prior to the May 2008 state supreme court decision, opponents of same-sex marriage had already begun their efforts to qualify Prop. 8 for the ballot. Their reasoning at the time was that since Prop. 22 was only a statute, it was subject to judicial review in a way that an amendment to the constitution would not be.[10],[11],[12]

When supporters of Proposition 8 submitted their measure to the California Secretary of State in 2007 for permission to circulate, the ballot title that was given to it was the "California Marriage Protection Act." At that time, Proposition 22 was the governing law in the state with regard to gay marriage and the term "marriage protection" appears to have meant something like "adding additional protection to the idea of one man-one woman marriage by enshrining it in the constitution, not just as a statute". However, between the time that Prop. 8 got its original permission-to-circulate ballot title, and the time they turned in their signatures and became ballot certified, Prop. 22 no longer had any governing force.[13] After the proposition was certified for the ballot, the title and summary were revised by Attorney General Jerry Brown to more "accurately reflect the measure." (See Lawsuits, California Proposition 8 (2008)).

After the election


Calif. Justices Weigh Gay Marriage Ban

Lawsuits

For main article, see Lawsuits, California Proposition 8 (2008).

The California Supreme Court heard oral arguments on March 5, 2009 on six lawsuits that seek to invalidate Proposition 8. The court has 90 days to issues its verdict in the matter. A court-watching reporter for the Los Angeles Times wrote after the March 5 hearing that the court "strongly indicated Thursday it would rule that Proposition 8 validly abolished the right for gays to marry but would allow same-sex couples who wed before the November election to remain legally married."[14]

Several different legal lines of attack against Proposition 8 have been made in the various lawsuits. The central issues are:

  • Whether Proposition 8 is a state constitutional amendment, which can be passed by initiative, or a constitutional revision, which can't.
  • Whether the right of a minority group should be decided by the voters (as in Proposition 8) or the courts or legislature.[15]
  • An additional legal issue, unrelated to whether Prop 8 withstands legal muster or not, is the fate of the same-sex marriages that took place from mid-May 2008 through the November election.[16]
  • "Protect Marriage", sponsors of the amendment, filed a lawsuit in January in Federal District Court in Sacramento seeking a preliminary injunction of a California election law that requires donors of $100 or more to disclose their names, addresses, occupations and other personal information. The lawsuit seeks a preliminary injunction prior to January 31, which is when the campaign's final finance filing is due. The lawsuit's attorney is James Bopp Jr., a lawyer from Indiana who is frequently involved in political speech cases, who says that harassment of Proposition 8 supporters before the after the campaign is a violation of their constitutional rights of free speech and assembly.[17]

Ballot initiatives

Several groups are collecting signatures on ballot initiatives to un-do the outcome of Prop 8.[18]

Move to repeal

A measure supporting the repeal of Proposition 8 was introduced on the second day of the 2009-2010 legislative session. The repeal movement sponsored by Equality California and the National Center for Lesbian Rights. Senator Mark Leno (D-San Francisco) and Assemblymember Tom Ammiano (D-San Francisco) introduced measures that suggest Proposition 8 is an improper revision of the California State Constitution.[19],[20]

When the legislative session convened in January, Kevin De Leon introduced Assembly Bill 103, that would allow two people, including same-sex couples, who co-own a home to avoid having their property tax reassessed and raised when one dies. Sen. Mark Leno plans to re-introduce legislation that would designate each May 22 as Harvey Milk Day; a similar bill passed through the last legislative session but was vetoed by Arnold Schwarzenegger.[21]

Rallies protesting Prop. 8


Prop 8 protect near Mormon Temple, November 6

In the first days after the vote on November 4, protests and rallies were held in Los Angeles, Long Beach, Oakland, Sacramento, San Diego, Palm Springs, and San Francisco. Several different protests have taken place in front of the Mormon temple in Los Angeles. The weekend of November 15-16, rallies and gatherings protesting Proposition 8 were held in many states around the country.[22]

Impact on married couples

Between June 15, 2008 and November 4, somewhere between 15,000-20,000 same-sex marriages took place in California. It is widely assumed--although not by everyone-- that these marriages remain valid in the wake of the victory of Proposition 8, because laws are generally not retroactive.[23]

One of the ballot arguments put forth by the "Yes on 8" campaign in the state's official voter guide says that Prop 8 means that the state can only recognize heterosexual marriages "regardless of when or where performed."

Stanford law Professor Jane Schacter believes the California Supreme Court--if it were asked to invalidate a marriage--would not revoke the right to marry retroactively. The reason for this is that the stable governments want people to be able to rely on contracts they enter into and if contracts are retroactively revoked, people lose their sense of the stability of laws, which is harmful. California's newly-married same-sex couples, for example, might have made major decisions such as adopting children, borrowing money or buying a home, relying on their marriage contract as part of the reason they were prepared to make these decisions.[24]

Criticism of campaign management

One theme that sounded in the weeks following the November election was discontent among those who opposed Prop 8 with how the anti-Prop 8 campaign was run. At the "Equality Summit 09", an event held in Los Angeles by same-sex marriage supporters on January 24 to strategize for future political success, discussion turned to how the campaign was conducted.

Specific criticisms were:

  • The "No on 8" campaign ignored the gay and lesbian people behind the ballot measure, instead relying on professional consultants.
  • Some accused the campaign of "wasting money, ignoring grassroots volunteers, and refusing to target African Americans, Latinos and people outside the state's urban centers."
  • When someone suggested that the crowd at the event recognize that the leaders of the "No on 8" capaign did the best they could, half the crowd remained silent and seated, while the other half stood and cheered.[25]

The Advocate, a national gay and lesbian newsmagazine, revealed after the November vote that key campaign leaders took summer vacations, which has led to criticisms. L.A. Gay & Lesbian head Lorri Jean, a key staffer, took a month-long vacation. Critic Michael Petrelis posted her salary on his blog in late November and said she was overpaid.[26]

Catholic Church tax assessment

The Archdiocese of San Francisco was ordered to pay $15 million to the City of San Francisco in January 2009, on the grounds that property transfers among various Catholic organizations should be regarded as tax-generating business transactions. The Archdiocese objected, saying that similar internal transfers of assets have not resulted in other denominations being taxed. Some onlookers, such as Randy Thomassen of the Campaign of Children and Families, claimed that the $15 million bill was levied in retaliation for the church’s support of Proposition 8.[27]

Expensive campaign

The campaign over Proposition 8 attracted very significant financial donations on both sides; by the time of the vote, over $70 million had been spent on the issue. Checks in the $1 million range were written to both campaigns from wealthy backers, and the campaigns also each had many tens of thousands of small donors. Of the 153 ballot measures on state ballots around the country, Prop 8 was the most expensive. It is also more expensive by far than any previous electoral contest over same-sex marriage.[28],[29],[30],[31],[32],[33],[34],[35]

Donors supporting Prop. 8

Some of the donors supporting Prop 8 were:

One group that opposed Proposition 8 focused attention on the contributions to the pro-Proposition 8 campaign from individuals who belong to the Mormon church. Contributions from Mormons were said to amount to between 33%-40% of the total amount raised in support of Proposition 8.[40]

Donors opposing Prop. 8

Some of the donors to the No on 8 campaign included:

  • Human Rights Campaign, $2,057,981.
  • Pacific Gas & Electric (PG&E), $250,000.[44]
  • Center Advocacy Project Issues PAC, $234,000.
  • Los Angeles Gay & Lesbian Service Center, $225,000.
  • National Gay & Lesbian Task Force, about $215,200.
  • GLAAD, $100,000.
  • Horizons Foundation, $100,000.[45],[46]

"Eight Maps"

A website called eight maps was launched by anonymous webmasters in January 2009. It takes the names and ZIP codes of people who donated to the "Yes on 8" campaign and overlays the data on a Google map. Visitors to the website can view markers that give a contributor’s name, approximate location, amount donated and, if the donor listed it, employer.

Testimony from donors to "Yes on 8" says that as a result, they have received death threats and envelopes containing a powdery white substance, according to a February 7, 2009 story in the New York Times.[50]

Chris Jay Hoofnagle, a senior fellow at the Berkeley Center for Law and Technology at the University of California, said, "These are very small donations given by individuals, and now they are subject to harassment that ultimately makes them less able to engage in democratic decision making."

Supporters of the amendment

Barack Obama with Pastor Rick Warren Richard Vogel / AP
Barack Obama with Pastor Rick Warren Richard Vogel / AP

Dennis Hollingsworth, Gail J. Knight, Martin F. Gutierrez, Hak-Shing William Tam, and Mark A. Jansson filed the wording for the initiative with the Secretary of State. The National Organization for Marriage and Focus on the Family are national organizations that support the initiative and are helping to fund it.[51]

The Church of Jesus Christ of Latter-day Saints (the "Mormons") supported efforts to pass the measure; in June, Mormon church leaders made an appeal to members of the church by letter--asking them to support it with their time and money. In October, through a private sattelite broadcast to church buildings, members were encouraged, on their own time, to man phone banks, distribute campaign materials, blog, sent text messages, and intensifie voter registration efforts.[52],[53] The Mormon faithful, as has been widely noted, are credited with donating millions of dollars as private citizens to the passage of Proposition 8, but the church itself did not make any donations outside of some legally reimbursable "in-kind" expenses amounting to $2,078.97[54].

The Union of Orthodox Jewish Congregations of America, the largest Orthodox umbrella group nationally, said in late August it would support the passage of Prop. 8.[55]

Well-known evangelical minister Rick Warren endorsed Proposition 8 in late October, e-mailing a statement to his 30,000 members that said, "There is no doubt where we should stand on this issue." In December, Barack Obama announced that he was choosing Warren to give the invocation at Obama's inauguration. Obama supporters who support same-sex marriage spoke out against this decision. Protestors gathered outside Warren's Saddleback Church the weekend before Obama's inauguration, one holding a sign that read "Purpose Driven Bigots", with a swastika on the reverse.[56],[57],[58]

Arguments in favor of Prop. 8

Notable arguments in favor of Prop. 8 include:

  • It protects the free expression of religion, as supporters of Proposition 8 were worried that Gay Rights advocates were not affording them the same courtesy--to live and believe as they please--as the Gay and Lesbian community was/is demanding.[59][60]
  • Supporters of Proposition 8 says that their support of Proposition 8 is not based on an attack on the gay lifestyle, but is rather their effort to preserve what they hold as core values surrounding a vision of traditional marriage.
  • "It overturns the decision of four activist Supreme Court judges in ruling unconstitutional a ballot initiative previously approved by the people."
  • "It protects our children from being taught in public schools that “same-sex marriage” is as legitimate as marriage between two people of opposite genders."[61],[62]
  • "Proposition 8 will protect religious universities, adoption providers, psychologists, doctors, and photographers from prosecution for denying services to same-sex couples for any reason, including their religious convictions." [63]
  • See California Proposition 8 videos

Opposition to Proposition 8

Eight different organizations have formally filed as opposition groups with the California Secretary of State. [64],[65],[66],[67], [68],[69],[70],[71],[72],[73]

Notable opposition groups include Let California Ring, Equality for All, Equality California, the Equality California Issues PAC and the Human Rights Campaign,[74]. Gov. Arnold Schwarzenegger believes that the amendment is "a waste of time." In an April 11 appearance before the Log Cabin Republicans, Schwarzenegger said, "I think we need a constitutional amendment so that foreign-born citizens can run for president, but not about gay marriage."[75]

Arguments against Prop. 8

Notable arguments against Prop. 8 include:

  • "Our California Constitution--the law of our land---should guarantee the same freedoms and right to everyone. No one group should be singled out to be treated differently."
  • "Equal protection under the law is the foundation of American society."
  • "Traditional Marriage" is a misleading term. Various marriage traditions, since abolished, have included: only allowing members of the upper class or nobility to marry; having marriages arranged by families without the couple's consent; only allowing white people to marry; only allowing people of the same race to marry; and allowing one man to marry multiple women.
  • Current statistics show roughly 50% of heterosexual marriages end in divorce. So-called "traditional marriage" is doing more to degrade the institutional of marriage than any expansion of marriage could ever do.
  • Voter initiatives to amend the constitutional should not be taken lightly; using them to take away rights from one group could open the door to voter initiatives to take away other rights, including religious freedoms and civil rights.
  • The institution of marriage conveys dignity and respect to the lifetime commitment that a couple makes. Proposition 8 would deny lesbian and gay couples the opportunity to that same dignity and respect.
  • "The freedom to marry is fundamental to our society, just like the freedoms of religion and speech."
  • When domestic partnerships are held out as an acceptable substitute for marriage, this is misleading. Domestic partnerships are not a substitute for marriage.[76] The doctrine of "separate but equal" has been failed throughout American history.
  • See California Proposition 8 videos
Pink at a march against Prop 8
Pink at a march against Prop 8

Celebrities

Celebrities who oppose Proposition 8 include:

  • Steven Spielberg
  • Kate Capshaw
  • Brad Pitt[77]
  • Ellen Degeneres[78]
  • Molly Ringwald[79]
  • Pink (Alecia Beth Moore)

Disputed impact on public education

Supporters of Prop. 8 say that unless it passes, gay marriage will be taught in public schools. This is the theme of a television ad in heavy rotation on California's airwaves, and the Associated Press is reporting on October 22 that the issue has emerged as the leading focus of the campaign.[82],[83]

Frank Schubert, Prop. 8's campaign manager emphasized this argument in September when a group of 1st grade students from the Creative Arts Charter School in San Francisco went on an excursion to see their lesbian teacher marry her partner in a wedding performed by Mayor Gavin Newsom, in an excursion that was organized by the students' parents (not the teacher or the school). This event energized the supporters of Prop. 8, with Mr. Schubert saying that the field trip proves that their concern has been valididated that unless Prop 8 is passed, gay marriage will be added to public school education. "We are already seeing that happen", he says.

Opponents of Proposition 8 responded to this theme being raised in the campaign by:

  • Saying there is no mention of schools or curriculum in the language of the proposition; the proposition is about marriage rights, not public education.
  • Statements from public education officials that this outcome is unlikely.

Subsequently, supporters of Prop. 8 in speeches and press releases asserted that what they believe will happen (and don't want to happen) is governed by California's Education Code (EC) 51933. This code is said by them to specify that while a school district is not required to provide comprehensive sexual health education, if it chooses to do so, it is required to comply with all of the code's requirements, one of which includes 'teach[ing] respect for marriage and committed relationships.' Prop 8 supporters then argue that according to a document, Sex Education in California Public Schools, 96 percent of California school districts currently provide comprehensive sexual health education. As a result, Prop. 8 supporters believe that 96 percent of the school districts will either teach about gay marriage in schools, or stop teaching comprehensive sexual health education. Prop. 8 supporters join to this their further assessment that school districts are unlikely to stop teaching comprehensive sexual education. [84]

Massachusetts lawsuit

Same-sex couples have been married since 2004 in Massachusetts. Subsequent to the decision of the Massachusetts Supreme Court in favor of same-sex marriage, a teacher in Lexington, Massachusetts read a book, "King & King", to her second-grade students that includes a story line about two princes marrying.[85]

The parents of one of the children in that second grade objected, and filed a federal lawsuit against the school district which asserted, in part, that the motivation of the teacher who read the book was "for the express purpose of indoctrinating them into the concept that homosexuality and marriage between same-sex partners is moral."

The federal lawsuit was dismissed and in October 2008, the U.S. Supreme Court declined to hear an appeal of the lower court's dismissal.

Supporters of Prop. 8 are communicating about this Massachusetts case both to their supporters and to undecided voters in a new television ad that features the Massachusetts parents. Campaign materials indicate that they see the Massachusetts event as validating their claim that unless gay marriage is expressly forbidden in the California constitution, events similar to what happened in Massachusetts will happen in California.[86] Opponents of Prop. 8 point out that unlike Massachusetts' education code, California's gives parents the absolute right to opt their child out of any lessons related to family, health, or sexual education. According to a recent survey about 40 percent of public schools had "Improper parental notification policies." [87] Opponents argue that the Massachusetts case is not really relevant, while proponents point out that relevant or not, California courts have already ruled that parental rights "end at the schoolhouse" and there is no guarantee that they, as parents, will be informed about school policies.[88][89]

30-second ads not adequate

The Los Angeles Times argues that the truth about these questions "is slightly more complicated than can be captured in the 30-second television advertisements put out by both sides."

Reporter Jessica Garrison of that paper writes:

  • "There is nothing in the state education code that requires schools to teach anything about marriage. Even the decision about whether to offer comprehensive sex education is left up to individual school districts."
  • "What state law does require is that districts that offer sex education 'teach respect for marriage and committed relationships.'"

Hilary McLean, press secretary for Jack O'Connell, head of the California Department of Education, says that the Pro-8 ad is "unnecessarily and irresponsibly alarmist."[90]

Role of Prop 8 in presidential race

Shortly after Prop. 8 qualified for the fall ballot, presidential candidates Barack Obama and John McCain aligned themselves on opposite sides of the issue, with Obama opposing and McCain supporting it. A reporter for the San Francisco Chronicle described this as "a move that puts gay rights front and center in the 2008 presidential campaign".[91],[92]

Obama's statement on the matter said that he opposes "the divisive and discriminatory efforts to amend the California Constitution", while McCain told the group that worked to put the measure on the ballot that he agrees with their idea of recognizing "marriage as a unique institution between a man and a woman."

Does it matter?

A burst of punditry in late July speculated that getting Proposition 8 on the ballot was part of an organized effort on the part of conservatives to give presidential candidate John McCain a leg up in November voting. A ballot initiative on which people have pronounced, strong opinions can have an effect on other races on the ballot, it is said, because:

  • Some people who come to the polls to vote for a ballot initiative on which they have a strong opinion, and who otherwise would not have bothered to come out to vote, will stay and pull the lever in some other races.
  • Candidates can tap into public sentiment that coalesces around much-talked-of ballot propositions in order to support their own campaign themes and messages.
  • Supporters of a candidate who have maxed out on their legally-allowable campaign contribution limits to a candidate committee can donate much higher dollar amounts to ballot campaign committees, to the extent that they think this will help their favored candidate for one of the above two reasons, who would not otherwise particularly care about the ballot proposition itself.[93],[94],[95],[96]

Catch-22?

Opponents of Proposition 8 told the New York Times in late September that there is a concern that high voter turn-out among black voters who come to the polls in California to vote for Obama could help the "Yes on 8" side if a significant percentage of those black voters then go on to cast a down-ballot vote in favor of Proposition 8.

This concern is based on the observation that higher percentages of black voters may be "traditionally conservative on issues involving homosexuality".[97]

Supporters of 8 say they are, in fact, banking on a high turnout in the November election among black and conservative Latino voters. Frank Shorter, co-campaign manager for the pro-8 effort, told the New York Times, "here’s no question African-American and Latino voters are among our strongest supporters. And to the extent that they are motivated to get to the polls, whether by this issue or by Barack Obama, it helps us."

Anti-8 campaigners are responding to this situation--which Andrea Shorter calls a "Catch-22"--by recruiting black gay couples as spokespeople and reaching out to black pastors.[98]

Polling information

See also Polls, 2008 ballot measures.

The Public Policy Institute of California released a new poll late on October 22 based on a survey of 1,186 likely voters who were contacted between October 12-19.[99]

Month of Poll Polling company In Favor Opposed Undecided
May 2008 Field 40 percent 54 percent 6 percent
July 2008 Field 42 percent 51 percent 7 percent[100],[101]
August 2008 PPIC 40 percent 54 percent 6 percent[102]
Sept. 2008 Field 38 percent 55 percent 7 percent[103],[104]
Sept. 2008 SurveyUSA 44 percent 49 percent 7 percent[105]
Sept. 2008 PPIC 41 percent 55 percent 4 percent[106]
Oct. 2008 Internal polling, "No on 8" 47 percent 42 percent 11 percent[107]
Oct 4-5, 2008 CBS News/SurveyUSA 47 percent 42 percent 11 percent[108]
Oct 15-16, 2008 SurveyUSA 48 percent 45 percent 7 percent[109]
October 12-19 PPIC 44 percent 52 percent 6 percent[110]
October 18-28 Field 44 percent 49 percent 7 percent[111]
Nov. 1-2 SurveyUSA 47 percent 50 percent 3 percent[112]

Theories for poll movement

What explains late September polls showing a gain in support for Proposition 8? The main theory for this is the possible impact of an advertising push by the National Organization for Marriage that shows footage of San Francisco mayor Gavin Newsome saying same-sex marriage is here "whether you like it or not." Another ad refers to "activist judges" with regard to the 4-3 decision in May 2008 of the California Supreme Court in In re Marriage Cases which nullified Proposition 22.[113]

National pundit Andrew Sullivan has dubbed this the Newsom Effect.[114]

Asian-American sentiment

A poll done by the National Asian American Survey and released on October 15 found that 57% of likely Asian-American voters in the state are opposed to Proposition 8, 32% support it and 11% are undecided. Asian Americans represent approximately 14% of California's population.[115]

Who voted for Prop 8?

The Public Policy Institute of California released a poll in December 2008 to shed some light on who voted for Prop 8, especially in light of widespread claims that relatively heavy support among black voters is what pushed Prop 8 to victory. 2,003 voters were polled from November 5–16.[116],[117]

  • On a stand-alone question, 47% were in favor of same-sex marriage, 48% were opposed and 5% were unsure.
  • 85% of voters identifying themselves as vangelical or born-again Christians voted "yes".
  • Of non-evangelical Christians polled, 42% voted yes.
  • 77% of Republicans in the poll voted yes.
  • 65% of Democrats voted no.
  • 85% of John McCain supporters voted yes.
  • 30% of Barack Obama voters voted yes.
  • 61% of Latinos voted yes.
  • 57% of Latinos, Asians, and blacks combined voted yes.
  • 62% of those without a college degree voted yes.
  • 74% of those who voted yes on Prop 8 considered the outcome of the vote to be "very important", while 59% of those who voted no attached the same level of importance to the outcome.[118]

Path to the ballot

694,354 valid signatures were required to qualify the measure for the ballot. The initiative's supporters announced on April 24 that they had collected and turned in for verification about 1.1 million signatures. In June, the California Secretary of State announced that the measure was qualified and would appear on the November ballot.[119]

The petition drive to qualify the measure for the ballot was conducted by Bader & Associates at a cost of $882,900.[120]

A lawsuit filed by opponents to remove Proposition 8 from the ballot failed. See Lawsuits, California Proposition 8.

Boycott

For main article, see Boycotts related to California Proposition 8.

Boycotts were part of the campaign against Proposition 8. Once the measure passed, some supporters of same-sex marriage announced new boycotts and other actions against supporters of Propostion 8.

Specific boycott actions included:

  • Publicizing donors.
  • A boycott of Terry Caster.
  • A boycott of Doug Manchester.
  • A boycott of Bolthouse Farms.
  • Boycotting Utah.

Ballot title and language lawsuits

For main article, see Lawsuits, California Proposition 8 (2008).

In addition to a lawsuit seeking to strike Proposition 8 from the ballot, the measure was also at the center of a ballot title lawsuit and a lawsuit about what arguments could be included in the official voter's guide. Supporters of the measure lost their lawsuit seeking to have California Attorney General Jerry Brown use the ballot title under which the petition was originally circulated, prior to the California's May 2008 ruling legalizing same-sex marriage. Opponents of Proposition 8 partly lost and partly won a lawsuit seeking to have an argument about schoolchildren being taught gay marriage removed from the official ballot booklet.

External links

Basic information

Support websites

Opposition websites

References

  1. Mercury News, "California Supreme Court to decide fate of Prop. 8 same-sex marriage ban", November 19, 2008
  2. New York Times, "Top Court in California Will Review Proposition 8", November 19, 2008
  3. Sacramento Bee, "Proposition 8 opponents seek to invalidate measure", November 5, 2008
  4. San Francisco Chronicle, "Same-sex marriage backers hit Capitol, churches", November 10, 2008
  5. California Secretary of State Proposition 8 Text of Proposed Law
  6. Election results from the Secretary of State for Proposition 12
  7. Same-sex marriage in California
  8. "Interracial Marriage and Gay Marriage - Historic Parallels"
  9. "Text of the Supreme Court Ruling"
  10. Groups jousting over gay rights in California, SignOnSanDiego.com, Nov. 12, 2007
  11. Protect Marriage, Why do we now need to amend the state constitution?
  12. Text of decision invalidating Prop. 22
  13. Secretary of State Debra Bowen Certifies Eighth Measure for November 4, 2008, General Election
  14. Los Angeles Times, "California Supreme Court looks unlikely to kill Proposition 8", March 6, 2009
  15. San Francisco Chronicle, "Prop. 8 hinges on who decides: judges or voters", November 19, 2008
  16. San Francisco Bay Times, "California Supreme Court Takes on A Trio of Legal Issues with Prop 8 Challenge", November 27, 2008
  17. New York Times, "Marriage Ban Donors Feel Exposed by List", January 18, 2009
  18. Gay City News, "California's Prop 8 Headed Back to Ballot", November 26, 2008
  19. Fox 40, "Legislators to introduce Prop 8 repeal measures", December 2, 2008
  20. PolitickerCA, "Q & A with state senator-elect Mark Leno", December 2, 2008
  21. Miami Herald, "California Dems push gay rights in wake of Prop. 8 vote", January 19, 2009
  22. Sacramento Bee, "Thousands at Capitol rally back continuing fight against Prop. 8", November 10, 2008
  23. Los Angeles Times, "How would Prop. 8 affect married same-sex couples?", October 28, 2008
  24. San Francisco Chronicle, "If Prop. 8 passes, what about those who wed?", November 1, 2008
  25. San Francisco Chronicle, "Prop. 8 opponents unhappy with campaign leaders", January 25, 2009
  26. LA Weekly, "Queer Town: "No on 8" Leadership on the Hot Seat", November 25, 2008
  27. Edge Boston, "Is San Francisco Punishing Catholic Church for Prop 8?", January 19, 2009
  28. Mercury News, "Prop. 8: Money pours in to oppose same-sex marriage ban", October 15, 2008
  29. Los Angeles Times, "Proposition 8; Tracking The Money". This is a frequently updated resouce for donation levels from both sides.
  30. Jurist", "California marriage battle sets fundraising records", October 27, 2008
  31. Boston Globe, Money pours into Calif. gay marriage campaigns, June 30, 2008
  32. Contributions to Yes on 8 pouring in
  33. Los Angeles Times, "Steven Spielberg and Kate Capshaw donate big to stop California's marriage initiative", September 24, 2008
  34. San Francisco Chronicle, "Prop. 8 battle draws in $46 million", October 8, 2008
  35. International Herald Tribune, "Facts about California's initiative process"
  36. Catholics united for California marriage vote, Knights give $1M
  37. California Same-Sex Marriage Initiative Campaigns Shatter Spending Records
  38. Donatons to NOM-California
  39. Hyatt Hotel Owner Donated $125,000 to Stop Gay Marriage
  40. California religious leaders push for gay marriage ban
  41. Los Angeles Times, "Funding for California ballot initiatives flows in from out of state", August 1, 2008
  42. Los Angeles Times, "Teachers union donates $1 million to oppose Proposition 8"
  43. California Same-Sex Marriage Initiative Campaigns Shatter Spending Records
  44. PG&E joins fight against Prop 8
  45. List of donors to Equality California Marriage PAC
  46. List of donors to Equality for All
  47. "Apple", "No on Prop 8"
  48. "San Jose Mercury News", "Google co-founders Brin and Page among large donors to campaign to defeat Prop. 8"
  49. "Official Google Blog", "Our position on California's No on 8 campaign"
  50. New York Times, "Prop 8 Donor Web Site Shows Disclosure Law Is 2-Edged Sword", February 7, 2009
  51. Protect Marriage, List of initiative supporters
  52. LDS Church taking position on gay marriage
  53. Associated Press, "Mormons renew calls for Calif. gay marriage ban", October 9, 2008
  54. Records: Mormon church contributed to proposition
  55. The Jewish Daily Forward, "Orthodox Join Fight Against Gay Nuptials", August 28, 2008
  56. Huffington Post, "Rick Warren and Prop 8; He knows better"
  57. Time, "Inaugural Pastor: The Two Faces of Rick Warren, January 18, 2009
  58. Orange County Register, "Protestors oppose pastor's inauguration role", January 19, 2009
  59. Palm Springs Prop 8 Rally Turns Ugly
  60. Traditional marriage group steps up for Prop. 8
  61. Arguments in favor of 8 from the California voter's guide
  62. Appeal Democrat, "Yuba board backs 8", October 8, 2008
  63. [1]
  64. Equality for All campaign information
  65. Equality California Marriage PAC
  66. [Equality California Marriage PAC]
  67. No on Prop 8, ACLU
  68. Human Rights Campaign, No on Prop 8
  69. Human Rights Campaign, No on Prop 8
  70. No on 8, National Center for Lesbian Rights
  71. Californians against discrimination
  72. GLBT alliance of Santa Cruz County
  73. Task Force California, Sponsored by the National Gay and Lesbian Task Force Foundation/Action Fund
  74. Bay Area Report, Big bucks seen in amendment battle, May 1, 2008
  75. Christian Examiner, Signature drive meets goal as Gov. Schwarzenegger chides effort for marriage amendment, May 2008
  76. Arguments against 8 from the California voter's guide
  77. Brad Pitt donates $100,000 to fight gay marriage ban
  78. Degeneres speaks against gay marriage ban
  79. "Molly Ringwald supports gay marriage"
  80. Associated Press, "Hollywood comes out in support of gay marriage", October 22, 2008
  81. Chicago Sun Times, "Celebrities come out in support of gay marriage", October 25, 2008
  82. [The "It's already happened" campaign video for Proposition 8 which says "teaching children about gay marriage will happen here"
  83. Associated Press, "Public schools become focus of gay marriage ban", October 22, 2008
  84. California Department of Education website
  85. Amazon.com listing for King & King
  86. Proposition 8: Who's really lying? A campaign press release put out by Prop 8 supporters
  87. A survey by an outside source.
  88. http://www.noonprop8.com/about/fact-vs-fiction
  89. Parents need empowerment in education
  90. Mercury News, "Questions raised over Yes on Prop. 8 ads", October 18, 2008
  91. FOX News, Obama opposes California ballot measure seeking constitutional ban on same-sex marriage, July 1, 2008
  92. San Francisco Chronicle, Obama opposes California same-sex marriage ban, which McCain supports, July 1, 2008
  93. GOP suffering from lack of (ballot) initiative, Los Angeles Times, July 29, 2008
  94. This year's ballot initiatives
  95. Social issues crowd state ballots
  96. To defeat Obama, conservatives take the initiative
  97. CBS News, "Gay marriage ban supporters thank Obama", October 5, 2008
  98. New York Times, "Same-Sex Marriage Ban Is Tied to Obama Factor", September 20, 2008
  99. Wall Street Journal, "Gay marriage in peril in California", October 22, 2008
  100. Foxbusiness, "Field Poll Understates Support for Proposition 8", July 18, 2008
  101. San Diego Union-Tribune, "Measure to prohibit gay unions is trailing", July 18, 2008
  102. Poll: California voters oppose ban on gay marriage, August 28, 2008
  103. San Diego Tribune, "Opposition to Prop. 8 up to 55%, poll shows", September 18, 2008
  104. The September 2008 Field Poll on Proposition 8
  105. Survey USA election poll conducted for CBS 5, KABC, KPIX, KGTV and KFSN
  106. San Francisco Chronicle, "Poll: Same-sex marriage ban not wooing voters", September 25, 2008
  107. San Francisco Chronicle, "Prop. 8 battle draws in $46 million", October 8, 2008
  108. cbs5.com', "Young Voters Lead Prop 8 Support Shift", October 6, 2008
  109. Survey USA "Results of SurveyUSA Election Poll #14613"
  110. PPIC Statewide Survey: Californians and their government, released October 22, 2008
  111. Field Poll for the Sacramento Bee, October 31, 2008
  112. Sacramento Bee's Capitol Alert, "Survey says: New polling on Props. 4, 8, 11 and Obama-McCain", November 3, 2008
  113. Wall Street Journal, "California Pops the Question", October 12, 2008
  114. The Atlantic Monthly: Andrew Sullivan's Blog, "The Newsom Effect", October 20, 2008
  115. KTVU-TV, "Poll Finds Majority of Asian-Americans Oppose Proposition 8"
  116. Los Angeles Times, "New poll confirms who liked--and opposed--Prop 8 on same-sex marriage", December 3, 2008
  117. Californians and their government
  118. PPIC press release
  119. Protect Marriage, Marriage amendment heads to the ballot, April 24, 2008
  120. Campaign expenditure details

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