One of the No on 8 yardsigns Proposition 8 was an initiative Constitutional Amendment on the 2008 California General Election ballot titled Eliminates Right of Same-Sex Couples to Marry, which passed. The proposition changed the California Constitution to eliminate the right of same-sex couples to marry in California. A new section was added stating only marriage between a man and a woman is valid or recognized in California. Locally, the prop did not pass, with 58.7% of Yolo County having voted "no" on Prop 8.

The text of Proposition 8 is as follows:

PROPOSITION 8
This initiative measure is submitted to the people in accordance with the provisions of Article II, Section 8, of the California Constitution.
This initiative measure expressly amends the California Constitution by adding a section thereto; therefore, new provisions proposed to be added are printed in italic type to indicate that they are new.
SECTION 1. Title
This measure shall be known and may be cited as the “California Marriage Protection Act.”
SECTION 2. Section 7.5 is added to Article I of the California Constitution, to read:
SEC. 7.5. Only marriage between a man and a woman is valid or recognized in California.

Support

Opposition

After the Election

A challenge to the legality of the ban was successful in overturning it on August 24, 2010, but any weddings were placed on hold pending an appeal. An attempt to have the judge's ruling in the case thrown out due to his status as a gay man was struck down June 14, 2011.

May 26th 2009 the California Supreme Court ruled that 8 would stay, but that the estimated 18,000 marriages would be upheld within in the state of California.

On February 7, 2012, the Ninth Circuit Court of Appeals upheld a lower court's ruling that Proposition 8 is unconstitutional. Unlike the lower court, however, it appears to have focused on the proposition's discriminatory history, rather than on a right to same-sex marriage. Thus the ruling will apply only to California's Proposition 8, not to any other law on the issue. Of course, it's all largely irrelevant, since the matter will almost certainly be taken up by the Supreme Court for the 2013 term. Until that time it is unlikely that there will be any practical change here in Davis.

Comments:

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2008-10-22 13:44:14   That is interesting in it's wording, because not only does it remove the rights of same-sex couple to marry in California, it also states that California will not recognize such marriages even when they are from another state, which is a pretty big deal in and of itself... —JoePomidor

2008-10-29 10:58:13   I had a nightmare in which a younger version of Kevin Roddy bashed homosexuals and told us to vote yes on Prop 8. It was scary. —AndrewHarrison

2008-11-13 11:32:18   A nationwide rally to protest against Prop 8 in favor of equality for all Americans regardless of race, gender, or sexual preference is being held at 1:30EST on Saturday November 15. The nearest location to Davis is in Sacramento and will start at 10:30am. Read more here: http://jointheimpact.wetpaint.com/page/Sacramento and bring your friends! —BaronOfDanger

2008-11-16 14:12:08   Interesting that even prisoners are allowed to marry, but homosexuals in committed relationships cannot. Even Erik and Lyle Menendez both have wives. . .

What the eff, California? —CurlyGirl26

2008-11-16 18:08:57   I truly think that if we're going to deny homosexuals the right to civil marriage, we should also deny heterosexuals the right to marriage. Get government out of the marriage business, completely! Marriage is a (lesser) sacrament, so it should be handled by the church, not the state. If any two individuals want to get a civil union, go for it. But marriage should be neither valid nor recognized in the state of California. —BrentLaabs

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