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- Currently, Connecticut, Delaware, Iowa, Maine, Maryland, Massachusetts, Minnesota, New Hampshire, New York, Rhode Island, Washington, Vermont and Washington, D.C., allow gays and lesbians to marry.
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What is Proposition 8?
How did Proposition 8 change California?
Did Proposition 8 reverse a state court ruling?
Will California's Proposition 8 case go to Supreme Court?
Jun 30, 2022 · Proposition 8 is passed in California, banning same-sex marriage. With over 13 million votes cast, California voters approve Proposition 8 on November 4, 2008, amending the state’s...
2008 California Proposition 8. Proposition 8, known informally as Prop 8, was a California ballot proposition and a state constitutional amendment intended to ban same-sex marriage; it passed in the November 2008 California state elections and was later overturned in court.
- Overview
- Aftermath
- Text of Measure
- Opposition
- Background
What did Proposition 8 change?
Proposition 8 added language to the California Constitution that defined marriage as between one man and one woman. As the California Supreme Courtruled that same-sex marriage was legal in California on May 15, 2008, Proposition 8 had the effect of reversing the court's ruling and banning same-sex marriage. In 2009, the California Supreme Court ruled that Proposition 8 "carved out a limited [or 'narrow'] exception to the state equal protection clause" and prohibited same-sex marriage under th...
When was Proposition 8 overturned?
Proposition 8 was upheld under state constitutional law but not federal constitutional law. On August 4, 2010, U.S. District Court Judge Vaughn Walker ruled that Proposition 8 violated the U.S. Constitution. However, the decision was stayed on appeal to the Ninth Circuit Court of Appeals and U.S. Supreme Court. The Ninth Circuit upheld the district court's ruling to invalidate Proposition 8 on February 7, 2012. The U.S. Supreme Court denied an appeal on June 26, 2013, and the Ninth Circuit pe...
Strauss v. Horton
On May 26, 2009, the California Supreme Courtruled that Proposition 8 was constitutional but that same-sex marriages performed before the constitutional amendment went into effect remained valid. The court's opinion stated that "by incorporating into the California Constitution a specific provision that expressly restricts the designation of 'marriage' to the union of a man and a woman, Proposition 8 must be understood as creating a limited exception to the state equal protection clause."
Hollingsworth v. Perry
On August 4, 2010, U.S. District Court Judge Vaughn Walker ruled that Proposition 8 violated the U.S. Constitution. However, the decision was stayed on appeal to the Ninth Circuit Court of Appeals and U.S. Supreme Court. The Ninth Circuit upheld the district court's ruling to overturn Proposition 8 on February 7, 2012. The U.S. Supreme Court denied an appeal on June 26, 2013, and the Ninth Circuit permitted same-sex marriages beginning on June 28, 2013. The U.S. Supreme Court dismissed the ca...
Ballot title
The ballot title for Proposition 8 was as follows:
Ballot summary
The ballot summary for this measure was:
Full Text
The full text of this measure is available here.
Arguments
The following opposing arguments were presented in the official voter guide:
Same-sex marriage in California before Proposition 8
In 1977, the state adopted a statute that defined marriage as a "personal relation arising out of a civil contract between a man and a woman." In 2000, voters approved Proposition 22, an initiated state statute that said that "only marriage between a man and a woman is valid or recognized in California." In 2004, San Francisco Mayor Gavin Newsom (D) performed same-sex marriages in San Francisco, which were annulled in court. The California Supreme Courtruled that same-sex marriage was legal u...
Related measures
Voters approved ballot measures to define marriage as between one male and one female in the following 30 states. The first such measure was in 1998, and the latest one occurred in May 2012. Bans on same-sex marriage were invalidated in the 2015 United States Supreme Court case Obergefell v. Hodges.
Jan 6, 2023 · Proposition 8, known colloquially as Prop 8, was a California ballot proposition and a state constitutional amendment passed in the 2008 California state election. The proposition was created by opponents of same-sex marriage before the California Supreme Court issued its ruling on In re Marriage Cases .
- Victoria Capatosto
- 2019
Jun 26, 2013 · June 26, 2013, 6:57 PM UTC. By Pete Williams and Erin McClam, NBC News. The Supreme Court ruling on a California law known as Proposition 8 came down to a legal technicality but has huge...
Nov 4, 2023 · Proposition 8 – eliminating a right to marriage that had been granted to gay and lesbian couples by the California Supreme Court less than six months earlier –passed with 52% of the vote.
- 11 min
- Scott Shafer
The issuance of such licenses was halted from November 5, 2008 through June 27, 2013 (though existing same-sex marriages continued to be valid) due to the passage of Proposition 8 —a state constitutional amendment barring same-sex marriages. [1]
