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)
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Prelude to a vote
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 ...
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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.
