2008 Arizona Proposition 102

Arizona Proposition 102^[1]
Marriage Protection Amendment; Amends the Arizona Constitution to define marriage between one man and one woman.
Results
Yes 70–80% 60–70% 50–60%	No 50–60%
	Sources:

Arizona Proposition 102 was an amendment to the constitution of the U.S. state of Arizona adopted by a ballot measure held in 2008. It added Article 30 of the Arizona Constitution, which says: "Only a union of one man and one woman shall be valid or recognized as a marriage in this state."^[3] The amendment added a constitutional ban on same-sex marriage to existing statutory bans in place since 1996.^[4] In October 2014, Article 30 of the Arizona Constitution was struck down as unconstitutional in the United States District Court for the District of Arizona, and is no longer enforced by the state of Arizona, which now allows and recognizes same-sex marriages.^[5]

Despite the court ruling, Article 30 still remains on the state's constitution, and on the Arizona State Legislature's website, there are no notes within the page for Article 30 that that part of the constitution was struck down or otherwise rendered inoperative.^[6]

Overview

On August 26, 2008, Arizona Attorney General Terry Goddard and Secretary of State Jan Brewer agreed that the ballot description would state that same-sex marriage was already prohibited by statute.^[7] Incorporating the same provision into the Arizona Constitution was meant to prevent an Arizona court from ruling that the statute was invalid under the Arizona Constitution.

Along with similar measures in California (California Proposition 8 (2008)) and Florida (Florida Amendment 2 (2008)), Proposition 102 was decided by voters in the general election on November 4, 2008. The amendment passed by a margin of 56% in favor and 44% against.

Proposition 102 had no immediate impact because its definition of marriage was consistent with the existing statutory definition.^[8] As an amendment to the Constitution of Arizona, the definition cannot be changed by the state legislature, and the possibility that a state court might find a state constitutional guarantee of same-sex couples' right to marry is eliminated.

Supporters and opponents

As of August 27, 2008 three committees related to Proposition 102 were registered with the Secretary of State:^[9] YESforMarriage.com supporting Prop 102 was the one committee in support, and the two committees in opposition were No on Prop 102 and Arizona Together Opposed to Prop 102.

Supporters said that Proposition 102 was necessary to prevent judges changing the legal definition of marriage, as was done in Massachusetts, California, Connecticut and Iowa. Opponents said that Proposition 102 was unnecessary because same-sex marriage was already illegal in Arizona, and that there were more pressing issues facing Arizona; also they cited the issue of the separation of church and state.^[10]

Miscellaneous

Proposition 102 was placed on the ballot via referendum rather than through the initiative process on the last day of the legislative session. Presiding State Senator Jack Harper defeated a filibuster on June 27, 2008 to place the proposed Constitutional Amendment on the ballot. Harper faced an ethics investigation over allegedly violating Senate rules by cutting off the microphones of two senators who were attempting to filibuster the bill.^[11] Despite the fact that Harper admitted to cutting off the microphones intentionally,^[12] a Senate ethics committee consisting of three Republicans and two Democrats voted 3–2, along strict party lines, to dismiss the charges.^[13]

State Senators Jack W. Harper, Ronald Gould, Thayer Verschoor, and John Huppenthal stood out as the proponents of the Marriage Amendment to the Arizona State Constitution. The language of Prop 102 was adopted as a strike-everything amendment to Senator Gould's SCR1042.

In 2006, a more restrictive measure, Proposition 107, had been defeated in the general election.

Results

Arizona Proposition 102^[14]
Choice	Votes	%
Yes	1,258,355	56.2
No	980,753	43.8
Total votes	2,239,078	100.00

By county

County^[15]	Yes (%)	Yes (#)	No (%)	No (#)
Apache	76%	18,044	23%	5,405
Cochise	63%	30,492	37%	17,582
Coconino	50%	26,845	49%	26,264
Gila	68%	14,443	32%	6,884
Graham	80%	9,406	20%	2,352
Greenlee	73%	2,024	27%	744
La Paz	66%	3,524	34%	1,785
Maricopa	55%	741,797	45%	595,077
Mohave	66%	43,258	34%	21,861
Navajo	75%	25,317	25%	8,460
Pima	49%	188,942	51%	195,148
Pinal	61%	62,425	39%	39,457
Santa Cruz	52%	6,412	48%	5,902
Yavapai	61%	59,497	39%	38,546
Yuma	63%	25,929	37%	15,286
Total	56.2%	1,258,355	44%	980,753

Full text

Be it resolved by the Senate of the State of Arizona, the House of Representatives concurring:
1. Article XXX, Constitution of Arizona, is proposed to be added as follows if approved by the voters and on proclamation of the Governor:
ARTICLE XXX. MARRIAGE
SECTION 1. ONLY A UNION OF ONE MAN AND ONE WOMAN SHALL BE VALID OR RECOGNIZED AS A MARRIAGE IN THIS STATE.
2. The Secretary of State shall submit this proposition to the voters at the next general election as provided by article XXI, Constitution of Arizona.

Effects

The amendment constitutionally banned same-sex marriages, which were never recognized by the state and was statutorily banned since 1975. Arizona became the 28th US state to ban same-sex marriage in its constitution. This preempted the state judiciary from requiring the state to legally recognize same-sex marriages and preempted the Arizona State Legislature from enacting a statute legalizing same-sex marriages.

Pre-decision opinion polls

Date of opinion poll	Conducted by	Sample size	In favor	Against	Undecided	Margin	Margin of Error	Source
September 25 – 28, 2008	KAET-TV and Arizona State University	976 registered voters	49%	42%	9%	7% pro	±3%	^[16]
Prior to May 15, 2008	?	?	49%	40%	11%	9% pro	?	^[17]

References

^ "State of Arizona Official Canvass: 2008 General Election – November 4, 2008" (PDF). Secretary of State of Arizona. December 1, 2008. Archived from the original (PDF) on December 19, 2008. Retrieved December 13, 2008.
^ 2008 General Election - November 4, 2008 Arizona
^ "Senate Concurrent Resolution 1042". August 26, 2008.
^ McKinley, Jesse (October 29, 2008). "Same-Sex Marriage on the Ballot in Arizona, a Second Time". The New York Times.
^ Westfall, Julie (October 17, 2014). "Arizona and Wyoming gay marriage bans struck down". Los Angeles Times. Retrieved December 2, 2014.
^ "Article XXX: Marriage". Arizona State Legislature. Retrieved August 23, 2021.
^ "Voters to be told gay vows already banned". The Arizona Daily Star. August 27, 2008. Archived from the original on September 1, 2008. Retrieved September 1, 2008.
^ "Arizona Revised Statutes 25–101". August 26, 2008.
^ "Political Committees, Arizona Ballot Measure". August 26, 2008. Archived from the original on May 18, 2011.
^ Walkup, Bob; Walkup, Beth. "Publicity Pamphlet Argument" Vote NO on Proposition 102, October 22, 2008.
^ "State senator faces ethics probe in same-sex marriage debate". Tucson Citizen. July 29, 2008. Retrieved September 1, 2008.
^ "Ethics Committee to question Harper in microphone flap". East Valley Tribune. July 28, 2008. Archived from the original on September 21, 2008. Retrieved September 17, 2008.
^ "Ethics panel votes to investigate Harper". Arizona Capitol Times. July 28, 2008. Retrieved March 8, 2021.
^ "State of Arizona Official Canvass: 2008 General Election – November 4, 2008" (PDF). Secretary of State of Arizona. December 1, 2008. Archived from the original (PDF) on December 19, 2008. Retrieved December 13, 2008.
^ "Arizona Secretary of State: 2008 general election – Ballot measures". Archived from the original on November 1, 2011. Retrieved April 20, 2010.
^ Ariz. anti-gay marriage groups seek redemption
^ Life, Death, and Chicken Cages

External links

YESforMarriage.com (Yes on Prop 102)
Arizona Together (No on Prop 102)
Arizona Proposition 102 (2008) – Ballotpedia
The Money Behind the 2008 Same-Sex Partnership Ballot Measures – The National Institute On Money In State Politics

[1] "State of Arizona Official Canvass: 2008 General Election – November 4, 2008" (PDF). Secretary of State of Arizona. December 1, 2008. Archived from the original (PDF) on December 19, 2008. Retrieved December 13, 2008.

[2] 2008 General Election - November 4, 2008 Arizona

[3] "Senate Concurrent Resolution 1042". August 26, 2008.

[4] McKinley, Jesse (October 29, 2008). "Same-Sex Marriage on the Ballot in Arizona, a Second Time". The New York Times.

[5] Westfall, Julie (October 17, 2014). "Arizona and Wyoming gay marriage bans struck down". Los Angeles Times. Retrieved December 2, 2014.

[6] "Article XXX: Marriage". Arizona State Legislature. Retrieved August 23, 2021.

[7] "Voters to be told gay vows already banned". The Arizona Daily Star. August 27, 2008. Archived from the original on September 1, 2008. Retrieved September 1, 2008.

[8] "Arizona Revised Statutes 25–101". August 26, 2008.

[9] "Political Committees, Arizona Ballot Measure". August 26, 2008. Archived from the original on May 18, 2011.

[10] Walkup, Bob; Walkup, Beth. "Publicity Pamphlet Argument" Vote NO on Proposition 102, October 22, 2008.

[11] "State senator faces ethics probe in same-sex marriage debate". Tucson Citizen. July 29, 2008. Retrieved September 1, 2008.

[12] "Ethics Committee to question Harper in microphone flap". East Valley Tribune. July 28, 2008. Archived from the original on September 21, 2008. Retrieved September 17, 2008.

[13] "Ethics panel votes to investigate Harper". Arizona Capitol Times. July 28, 2008. Retrieved March 8, 2021.

[14] "State of Arizona Official Canvass: 2008 General Election – November 4, 2008" (PDF). Secretary of State of Arizona. December 1, 2008. Archived from the original (PDF) on December 19, 2008. Retrieved December 13, 2008.

[15] "Arizona Secretary of State: 2008 general election – Ballot measures". Archived from the original on November 1, 2011. Retrieved April 20, 2010.

[16] Ariz. anti-gay marriage groups seek redemption

[17] Life, Death, and Chicken Cages

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v t e U.S. same-sex unions ballot measures
1990s	Alaska Ballot Measure 2 (1998, ban) Hawaii Constitutional Amendment 2 (1998, see note¹)
2000s	California Proposition 22 (2000, ban) Nebraska Initiative 416 (2000, ban) Nevada Ballot Question 2 (2000 & 2002, ban) Missouri Constitutional Amendment 2 (2004, ban) Louisiana Constitutional Amendment 1 (2004, ban) Georgia Constitutional Amendment 1 (2004, ban) Kentucky Constitutional Amendment 1 (2004, ban) Ohio State Issue 1 (2004, ban) Mississippi Amendment 1 (2004, ban) Oklahoma State Question 711 (2004, ban) Arkansas Constitutional Amendment 3 (2004, ban) Michigan Proposal 04-2 (2004, ban) Montana Initiative 96 (2004, ban) Utah Constitutional Amendment 3 (2004, ban) North Dakota Constitutional Measure 1 (2004, ban) Oregon Ballot Measure 36 (2004, ban) Kansas Amendment 1 (2005) Texas Proposition 2 (2005, ban) Alabama Amendment 774 (2006) South Carolina Amendment 1 (2006, ban) Virginia Question 1 (2006, ban) Tennessee Amendment 1 (2006, ban) Wisconsin Referendum 1 (2006, ban) Arizona Proposition 107 (2006, constitutional ban defeated) Colorado Amendment 43 (2006, ban) South Dakota Amendment C (2006) Idaho Amendment 2 (2006, ban) Florida Amendment 2 (2008, ban) Arizona Proposition 102 (2008, ban) California Proposition 8 (2008, ban) Maine Question 1 (2009, legalizing legislation defeated)
2010s	North Carolina Amendment 1 (2012, ban) Maine Question 1 (2012, legalization) Maryland Question 6 (2012, legalization) Minnesota Amendment 1 (2012, proposed ban defeated) Washington Referendum 74 (2012, legalization)
2020s	Nevada Question 2 (2020, legalization)
¹: De facto ban, granted Legislature authority to ban same-sex marriage. Reversed in 2013 by the Hawaii Marriage Equality Act.