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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. The proposition was created by opponents of same-sex marriage in advance [2] of the California Supreme ...
Jun 30, 2022 · With over 13 million votes cast, California voters approve Proposition 8 on November 4, 2008, amending the state’s constitution to ban same-sex marriage. Only months earlier, in May 2008, the ...
- 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. This decision found the 2000 ban on same ...
- Victoria Capatosto
- 2019
Mar 26, 2013 · March 26, 2013 at 6:30 a.m. EDT. Lost amid today's Supreme Court oral arguments on California's Proposition 8 is a simple question: How did a gay marriage ban pass in one of the most liberal ...
Before the passage of Proposition 8, California was only the second U.S. state (after Massachusetts) to legalize same-sex marriage. Those marriages granted under the laws of other state governments, foreign and domestic, were legally recognized and retained state-level rights since 2008.
People also ask
What is California Proposition 8?
How many votes did California voters vote on Proposition 8?
What does Proposition 8 mean for gay marriage in California?
Who created Proposition 8?
Nov 30, 2012 · Nov. 4, 2008: California voters pass Proposition 8 -- which amends the state Constitution to ban gay marriage -- with about 52% of the vote. A 2000 ballot initiative banning gay marriage ...
