Calif. Gov. Arnold Schwarzenegger (R) announced his opposition to Proposition 8 earlier this year. Polls show the vote will be close. (Photo by Rich Pedroncelli/AP)
Calif. braces for historic vote on gay marriage Prop 8 galvanizing advocates on both sides of hot-button issue
California voters will decide this fall whether the state should constitutionally ban same-sex marriage. The vote follows years of heated debate and court battles.
February 2004: San Francisco government officials conclude they cannot legally withhold marriage licenses from same-sex couples and proceed to wed about 4,000 same-sex couples. Conservative legal groups demand the marriages stop.
March 2004: The California Supreme Court orders San Francisco to stop marrying same-sex couples until it has been decided in court whether the state Constitution guarantees such same-sex couples a right to wed.
June 2004: Six cases triggered by the legal
dispute are consolidated into one judicial proceeding.
August 2004: The California Supreme Court invalidates the marriages of same-sex couples that wed in San Francisco.
March 2005: San Francisco County Superior Court Judge Richard Kramer says California’s ban on same-sex marriage is unconstitutional and that such couples must be allowed to wed. The case is appealed.
September 2005: The California Assembly approves a bill to legalize same-sex marriage. Gov. Arnold Schwarzenegger vetoes the bill.
July 2006: Attorneys make their case before the California Court of Appeal.
October 2006: In a 2-1 decision, the California Court of Appeal rules that the state may continue
to bar same-sex couples from marrying. The case is appealed.
December 2006: The California Supreme Court unanimously agrees to review the case.
September 2007: The California Assembly again approves a bill to legalize same-sex marriage. Schwarzenegger vetoes it.
March 2008: Attorneys make their case before the California Supreme Court.
May 2008: In a 4-3 decision, the California Supreme Court rules that barring same-sex couples from marrying violates the state’s Constitution. Conservative legal groups ask the court to delay the decision’s effect until after the November election, arguing voters may approve an initiative to amend the Constitution and reverse the decision. The court denies the request.
June 2008: Marriage licenses for same-sex couples become available in California. Licenses are rewritten so the words husband and wife are replaced with the terms “party A” and “party B.”
November 2008: California voters will decide the fate of Proposition 8, which would amend the state Constitution to ban same-sex marriage.
After
being
run
out
of
rural
North
CaFacing
an
initiative
that
would
ban
same-sex
marriage
in
the
Golden
State,
California
has
quickly
become
the
primary
battleground
in
the
fight
between
forces
that
support
and
oppose
gay
nuptials.
Gay
couples
from
across
the
nation
have
flocked
to
the
state
to
exchange
vows
after
the
California
Supreme
Court
ruled
in
May
that
same-sex
couples
have
a
right
to
marry.
But
the
California
Secretary
of
State
determined
in
June
that
conservative
groups
had
collected
enough
signatures
to
get
on
the
November
ballot
a
state
constitutional
amendment
to
ban
same-sex
marriage.
The
proposed
amendment,
known
as
Proposition
8,
says,
“Only
marriage
between
a
man
and
a
woman
is
valid
or
recognized
in
California.”
California
Attorney
General
Jerry
Brown
has
issued
an
opinion
noting
that
the
measure
would
not
void
existing
same-sex
marriages,
but
the
measure
would
prohibit
any
more
gay
couples
from
marrying.
Campaigns
on
both
sides
of
the
initiative
are
striving
to
win
over
voters.
The
upcoming
vote
also
has
spurred
donors
to
pour
millions
of
dollars
into
campaigns
supporting
and
opposing
the
initiative.
The
Los
Angeles
Times
reported
Tuesday
that
donations
to
the
campaign
backing
the
amendment
totaled
$16
million,
while
donations
to
efforts
opposing
the
amendment
were
at
$11
million.
Although
opponents
of
same-sex
marriage
had
a
funding
advantage,
recent
polls
have
consistently
showed
that
a
majority
of
California
residents
oppose
the
measure.
A
survey
published
Aug.
27
by
the
Public
Policy
Institute
of
California
found
that
54
percent
of
California
voters
oppose
Proposition
8,
while
40
percent
support
it.
The
survey
also
found
that
California
voters
are
evenly
split
on
same-sex
marriage
in
general.
Same-sex
nuptials
are
favored
by
47
percent
of
respondents
and
opposed
by
another
47
percent.
Additionally,
the
survey
found
that
eight
in
10
respondents
believe
that
the
outcome
of
Proposition
8
“is
important.”
Leaders
of
major
gay
advocacy
groups
agree,
saying
the
measure’s
success
or
failure
would
have
major
nationwide
implications.
Joe
Solmonese,
president
of
the
Human
Rights
Campaign,
said
the
fight
against
Proposition
8
has
“significant
parameters”
because
the
California
high
court
“granted
full
marriage
equality
and
we
are
in
a
fight
to
safeguard
and
hold
that
right.”
“To
safeguard
this
decision
and
to
safeguard
and
uphold
the
right
for
same-sex
couples
to
be
married
in
California
in
November
is
going
to
be
a
huge
milestone,”
he
said.
Solmonese
said
California
holds
a
particular
importance
because
it
is
the
nation’s
most
populous
state
and
the
world’s
ninth
largest
economy.
Evan
Wolfson,
executive
director
of
Freedom
to
Marry,
said
the
stakes
on
Proposition
8
“could
not
be
higher.”
“We
can
defeat
Prop
8
and
secure
a
transformative
victory
that
alters
the
arc
of
our
movement
—
or
we
could
lose
and
literally
add
decades
to
our
struggle,”
he
said.
California
is
key
to
the
“historic
momentum”
in
spreading
marriage
rights
for
gay
couples
in
other
states,
Wolfson
said.
Nan
Hunter,
a
Georgetown
University
law
professor
who
spoke
Sept.
9
at
a
D.C.
panel
on
same-sex
marriage,
said
it’s
“impossible
to
overstate
how
high
the
stakes
are
in
California.”
“The
California
vote
will
cripple
whichever
side
loses,”
she
said.
“It
will
not
go
away
for
either
side,
but
it
will
be
devastating
for
whichever
side
loses
and
I
think
it’s
going
to
be
a
close
vote.”
California
is
not
the
only
state
facing
a
marriage
initiative
this
year.
Florida
and
Arizona
residents
will
also
be
voting
on
amendments
banning
same-sex
marriage
in
their
states,
but
California
is
the
only
state
among
the
three
that
allows
same-sex
marriage.
A
poll
published
Sept.
8
by
Quinnipiac
University
found
that
55
percent
of
Florida
voters
would
support
the
marriage
amendment
in
their
state,
while
41
percent
would
oppose
it.
The
amendment
needs
a
60
percent
vote
to
be
ratified
in
the
state
constitution.
No
recent
polling
data
was
available
for
Arizona.
GAY
MARRIAGE
NOT
ELECTION
ISSUE
While
same-sex
marriage
is
a
key
issue
for
gay
leaders,
the
issue
has
had
little
impact
on
this
year’s
presidential
election,
particularly
in
comparison
to
the
2004
race.
Neither
same-sex
marriage
nor
Proposition
8
was
mentioned
on
the
floor
of
the
Republican
National
Convention,
although
the
party
platform
calls
for
a
constitutional
ban
on
same-sex
marriage.
Discussions
of
same-sex
marriage
and
the
upcoming
California
vote
were
limited
at
the
Democratic
convention.
The
Democratic
Party
platform,
however,
affirms
support
for
“the
full
inclusion
of
all
families,
including
same-sex
couples,
in
the
life
of
our
nation.”
Although
they
have
not
directly
or
frequently
addressed
Proposition
8,
both
Obama
and
Republican
presidential
candidate
John
McCain
have
weighed
in
on
the
measure.
The
Alice
B.
Toklas
LGBT
Democratic
Club
in
San
...
The
following comments were posted by our readers and were
not edited by SOVO. We ask that you
treat others with respect; any post deemed offensive will
be removed.
After
being
run
out
of
rural
North
CaFacing
an
initiative
that
would
ban
same-sex
marriage
in
the
Golden
State,
California
has
quickly
become
the
primary
battleground
in
the
fight
between
forces
that
support
and
oppose
gay
nuptials.
