Submitted July 17, 2008
Proposition 8
Limit on Marriage. Constitutional Amendment.
Background
In March 2000, California voters passed Proposition 22 to
specify in state law that only marriage between a man and a woman is valid or
recognized in California. In May 2008, the California Supreme Court ruled that
the statute enacted by Proposition 22 and other statutes that limit marriage to
a relationship between a man and a woman violated the equal protection clause of
the California Constitution. It also held that individuals of the same sex have
the right to marry under the California Constitution. As a result of the ruling,
marriage between individuals of the same sex is currently valid or recognized in
the state.
Proposal
This measure amends the California Constitution to
specify that only marriage between a man and a woman is valid or recognized in
California. As a result, notwithstanding the California Supreme Court ruling of
May 2008, marriage would be limited to individuals of the opposite sex, and
individuals of the same sex would not have the right to marry in California.
Fiscal Effects
Because marriage between individuals of the same sex is
currently valid in California, there would likely be an increase in spending on
weddings by same-sex couples in California over the next few years. This would
result in increased revenue, primarily sales tax revenue, to state and local
governments.
By specifying that marriage between individuals of the
same sex is not valid or recognized, this measure could result in revenue loss,
mainly from sales taxes, to state and local governments. Over the next few
years, this loss could potentially total in the several tens of millions of
dollars. Over the long run, this measure would likely have little fiscal impact
on state and local governments.
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