California Proposition 8 (2008)
|Eliminates Rights of Same-Sex Couples to Marry. Initiative Constitutional Amendment|
|Source: California Secretary of State|
|Elections in California|
Proposition 8, known informally as Prop 8, was a California ballot proposition and a state constitutional amendment passed in the November 2008 California state elections. The proposition was created by opponents of same-sex marriage in advance of the California Supreme Court's May 2008 appeal ruling, In re Marriage Cases, which followed the short-lived 2004 same-sex weddings controversy and found the previous ban on same-sex marriage (Proposition 22, 2000) unconstitutional. Proposition 8 was ultimately ruled unconstitutional by a federal court (on different grounds) in 2010, although the court decision did not go into effect until June 26, 2013, following the conclusion of proponents' appeals.
Proposition 8 countermanded the 2008 ruling by adding the same provision as in Proposition 22 to the California Constitution, providing that "only marriage between a man and a woman is valid or recognized in California", thereby superseding the 2008 ruling. As an amendment, it was ruled constitutional by the California Supreme Court in Strauss v. Horton, in 2009, on the grounds that it "carved out a limited [or 'narrow'] exception to the state equal protection clause"; in his dissent, Justice Moreno wrote that exceptions to the equal protection clause could not be made by any majority since its whole purpose was to protect minorities against the will of a majority.
Following affirmation by the state courts, two same-sex couples filed a lawsuit against the initiative in the United States District Court for the Northern District of California in the case Perry v. Schwarzenegger (later Hollingsworth v. Perry). In August 2010, Chief Judge Vaughn Walker ruled that the amendment was unconstitutional under both the Due Process and Equal Protection Clauses of the Fourteenth Amendment, since it purported to re-remove rights from a disfavored class only, with no rational basis. The official proponents' justifications for the measure were analyzed in over fifty pages covering eighty findings of fact. The state government supported the ruling and refused to defend the law. The ruling was stayed pending appeal by the proponents of the initiative. On February 7, 2012, the Ninth Circuit Court of Appeals, in a 2-1 decision, reached the same conclusion as the district court, but on narrower grounds. The court ruled that it was unconstitutional for California to grant marriage rights to same-sex couples, only to take them away shortly after. The ruling was stayed pending appeal to the United States Supreme Court.
On June 26, 2013, the Supreme Court of the United States issued its decision on the appeal in the case Hollingsworth v. Perry, ruling that proponents of initiatives such as Proposition 8 did not possess legal standing in their own right to defend the resulting law in federal court, either to the Supreme Court or (previously) to the Ninth Circuit Court of Appeals. Therefore, the Supreme Court vacated the decision of the Ninth Circuit, and remanded the case for further proceedings. The decision left the district court's 2010 ruling intact. On June 28, 2013, the Ninth Circuit, on remand, dismissed the appeal for lack of jurisdiction and dissolved their previous stay of the district court's ruling, enabling Governor Jerry Brown to order same-sex marriages to resume.
- 1 Overview
- 2 History of the ballot initiative
- 3 Campaign
- 3.1 Campaign funding and spending
- 3.2 Proponents
- 3.3 Opponents
- 3.4 Actions against supporters and opponents
- 4 Pre-decision opinion polls
- 5 Results
- 6 Post-election events
- 7 Legal challenges
- 8 Aftermath
- 9 See also
- 10 References
- 11 External links
In 2000, the State of California adopted Proposition 22 which, as an ordinary statute, forbade recognition or licensing of same-sex marriages in the state. During February and March 2004, San Francisco Mayor Gavin Newsom directed the licensing of same-sex marriages on the basis of the state's equal protection clause, prompted also by recent events including George W. Bush's proposed constitutional ban, a possible legal case by Campaign for California Families (CCF), and a Supreme Court of Massachusetts ruling deeming same-sex marriage bans unconstitutional and permitting them from May 2004. While only lasting a month before being overruled, this was supported by other cities such as San Jose, gained global attention, and led to the case In re Marriage Cases, in which Proposition 22 was found (San Francisco County Superior Court, March 14, 2005) and confirmed upon appeal (California Supreme Court, May 15, 2008) to be unconstitutional.
Proposition 8 was created by opponents of same-sex marriage prior to the final ruling on In re Marriage Cases as a voter ballot initiative, and voted on at the time of the November 2008 elections. Its wording was precisely the same as Proposition 22, which as an ordinary statute, had been invalidated in 2008, but by re-positioning it as a State constitutional amendment rather than a legislative statute, it was able to circumvent the ruling from In re Marriage Cases. The proposition did not affect domestic partnerships in California, nor (following subsequent legal rulings) did it reverse same-sex marriages that had been performed during the interim period May to November 2008 (i.e. after In re Marriage Cases but before Proposition 8).
Proposition 8 came into immediate effect on November 5, 2008, the day after the elections. Demonstrations and protests occurred across the state and nation. Same-sex couples and government entities, including couples who had married before then, filed numerous lawsuits with the California Supreme Court challenging the proposition's validity and effect on previously administered same-sex marriages. In Strauss v. Horton, the California Supreme Court upheld Proposition 8, but allowed the existing same-sex marriages to stand (under the grandfather clause principle). (Justice Moreno dissented that exceptions to the equal protection clause could not be made by any majority since its whole purpose was to protect minorities against the will of a majority.)
Although upheld in State court, Proposition 8 was ruled unconstitutional by the federal courts. In Perry v. Schwarzenegger, United States District Court Judge Vaughn Walker overturned Proposition 8 on August 4, 2010 ruling that it violated both the Due Process and Equal Protection clauses of the U.S. Constitution. Walker issued a stay (injunction) against enforcing Proposition 8 and a stay to determine suspension of his ruling pending appeal. The State of California did not appeal the ruling (with which it had agreed anyway) leaving the initiative proponents and one county to seek an appeal.
On appeal, a Ninth Circuit Court of Appeals panel ruled the county had no right of appeal, and asked the California Supreme Court to rule whether the proponents of Prop 8 had the right to appeal (known as "standing") if the State did not do so. The California Supreme Court ruled that they did. The Ninth Circuit affirmed the federal district court's decision on February 7, 2012, but the stay remained in place as appeals continued to the U.S. Supreme Court, which heard oral arguments in the appeal Hollingsworth v. Perry on March 26, 2013. On June 26, 2013 the Supreme Court dismissed the appeal and ruled that the Ninth Circuit had erred in allowing the previous appeal, since in line with Article III of the Constitution and many prior cases unanimous on the point, being an initiative proponents is not enough by itself to have federal court standing or appeal a ruling in federal court. This left the original federal district court ruling against Proposition 8 as the final outcome, and same sex marriages resumed almost immediately afterwards.
History of the ballot initiative
Proposition 8 (ballot title: Eliminates Rights of Same-Sex Couples to Marry. Initiative Constitutional Amendment; originally titled the "California Marriage Protection Act") was a California ballot proposition that changed the California Constitution to add a new section 7.5 to Article I, which reads: "Only marriage between a man and a woman is valid or recognized in California." This change restricted the definition of marriage to opposite-sex couples, and eliminated same-sex couples' right to marry, thereby overriding portions of the ruling of In re Marriage Cases by "carving out an exception to the preexisting scope of the privacy and due process clauses" of the state constitution.
To qualify for the ballot, Proposition 8 needed 694,354 valid petition signatures, equal to 8% of the total votes cast for governor in the November 2006 general election. The initiative proponents submitted 1,120,801 signatures, and on June 2, 2008, the initiative qualified for the November 4, 2008 election ballot through the random sample signature check.
Proposition 8 consisted of two sections. Its full text was:
Section I. Title
Section 2. Article I. Section 7.5 is added to the California Constitution, to read:
Pre-election legal challenges
Petition to remove proposition from ballot
On July 16, 2008, the California Supreme Court denied a petition calling for the removal of Proposition 8 from the November ballot. The petition asserted the proposition should not be on the ballot on the grounds it was a constitutional revision that only the Legislature or a constitutional convention could place before voters. Opponents also argued that the petitions circulated to qualify the measure for the ballot inaccurately summarized its effect. The court denied the petition without comment. As a general rule, it is improper for courts to adjudicate pre-election challenges to a measure's substantive validity. The question of whether Proposition 8 is a constitutional amendment or constitutional revision was ruled on by the California Supreme Court on May 26, 2009, and found that it was not a revision and therefore would be upheld. They also declared that the same-sex marriages performed prior to the passing of Prop 8 would remain valid.
Challenge to title and summary
The measure was titled: "Eliminates Rights of Same-Sex Couples to Marry. Initiative Constitutional Amendment." The ballot summary read that the measure "changes the California Constitution to eliminate the right of same-sex couples to marry in California."
Proponents of the measure objected to the wording of the ballot title and summary on the grounds that they were argumentative and prejudicial. The resulting legal petition Jansson v. Bowen was dismissed August 7, 2008, by California Superior Court Judge Timothy M. Frawley, who ruled that "the title and summary includes an essentially verbatim recital of the text of the measure itself", and that the change was valid because the measure did, in fact, eliminate a right upheld by the California Supreme Court.
California Attorney General Jerry Brown explained that the changes were required to more "accurately reflect the measure" in light of the California Supreme Court's intervening In re Marriage Cases decision.
On July 22, 2008, Proposition 8 supporters mounted a legal challenge to the revised ballot title and summary, contending that Attorney General Brown inserted "language [...] so inflammatory that it will unduly prejudice voters against the measure". Supporters claimed that research showed that an attorney general had never used an active verb like “eliminates” in the title of a ballot measure in the past fifty years in which ballot measures have been used. Representatives of the Attorney General produced twelve examples of ballot measures using the word "eliminates" and vouched for the neutrality and accuracy of the ballot language.
On August 8, 2008, the California Superior Court turned down the legal challenge, affirming the new title and summary, stating, "the title and summary is not false or misleading because it states that Proposition 8 would 'eliminate the right of same-sex couples to marry' in California." The Superior Court based their decision on the previous Marriages Cases ruling in which the California Supreme Court held that same-sex couples have a constitutional right to marry under the California Constitution. That same day, proponents of Prop. 8 filed an emergency appeal with the state appeals court. The Court of Appeal denied their petition later that day and supporters did not seek a review by the Supreme Court of California. The deadline for court action on the wording of ballot summaries and arguments in the voter pamphlet was August 11, 2008.
While turning down the challenge to the title and summary, the California Superior Court also found that the Yes on 8 campaign had overstated its ballot argument on the measure's impact on public schools and ordered a minor change in wording. The original arguments included a claim that the Supreme Court's legalization of same-sex marriage requires teachers to tell their students, as young as kindergarten age, that same-sex marriage is the same as opposite-sex marriage. The court said the Yes on 8 argument was false because instruction on marriage is not required and parents can withdraw their children. The court said the ballot argument could be preserved by rewording it to state that teachers "may" or "could" be required to tell children there is no difference between same-sex and opposite-sex marriage.
Campaign funding and spending
The pro- and anti-Prop 8 campaigns spent a combined $106 million on the campaign. This was not the most expensive California ballot proposition that year, however; the 2008 campaigns for and against Propositions 94, 95, 96, and 97, dealing with the expansion of Native American gambling surpassed Prop 8, with combined expenditures of $172 million.
By election day, volunteers on both sides spent thousands of hours getting their messages across to the state's 17.3 million registered voters. The campaigns for and against Proposition 8 raised $39.0 million ($11.3 million or 29.1% from outside California) and $44.1 million ($13.2 million or 30.0% from outside California), respectively, from over 64,000 people in all 50 states and more than 20 foreign countries, setting a new record nationally for a social policy initiative and more than for every other race in the country in spending except the presidential contest. Contributions were much greater than those of previous same-sex marriage initiatives. Between 2004 and 2006, 22 such measures were on ballots around the country, and donations to all of them combined totaled $31.4 million, according to the nonpartisan National Institute on Money in State Politics. A ProtectMarriage.com spokeswoman estimated that 36 companies which had previously contributed to Equality California were targeted to receive a letter requesting similar donations to ProtectMarriage.com.
In 2010, the California Fair Political Practices Commission fined the LDS church for failing to follow campaign disclosure policies during the last two weeks leading up to the election, which amounted to $37,000 in non-monetary contributions. They were fined $5,538.
Both proponents and opponents of Proposition 8 made significant use of online tactics for campaigning. For example, over 800 videos were posted on YouTube, most consisting of original content and most taking a position against the Proposition. A greater proportion of 'Yes on 8' videos were scripted and professionally produced. Many 'No on 8' videos recorded demonstrations in the aftermath of the election.
Proponents of the constitutional amendment argued that exclusively heterosexual marriage was "an essential institution of society", that leaving the constitution unchanged would "result in public schools teaching our kids that gay marriage is okay", and that gay people "do not have the right to redefine marriage for everyone else".
The ProtectMarriage.com organization sponsored the initiative that placed Proposition 8 on the ballot and continues to support the measure. The measure also attracted the support of a number of political figures and religious organizations.
Republican presidential nominee and U.S. Senator John McCain released a statement of support for the proposed constitutional amendment. Former Speaker of the House Newt Gingrich released a video in support. Both characterized the court ruling requiring recognition of same sex marriage as being against the will of the people. A political action committee run by former Massachusetts governor Mitt Romney, who personally supported the proposition, donated $10,000 to the National Organization for Marriage during their campaign for the proposition.
The Roman Catholic Church, as well as a Roman Catholic lay fraternal organization, the Knights of Columbus, firmly supported the measure. The bishops of the California Catholic Conference released a statement supporting the proposition, a position met with mixed reactions among church members, including clergy.
George Hugh Niederauer as Archbishop of San Francisco campaigned in 2008 in favor of the Proposition, and claimed to have been instrumental in forging alliances between Catholics and Mormons to support the measure. His successor, Salvatore Cordileone was regarded as instrumental in devising the initiative. Campaign finance records show he personally gave at least $6,000 to back the voter-approved ban and was instrumental in raising $1.5 million to put the proposition on the ballot. Subsequently, as Cardinal archbishop of San Francisco, he has called publicly for an amendment to the US Constitution as "the only remedy in law against judicial activism" following the number of state same-sex marriage bans struck down by federal judges. He also attended and addressed the audience at the "March for Marriage", a rally opposing marriage for same-sex couples, in Washington, D.C. in June 2014.
In California's 2008 election the Knights of Columbus attracted media attention when they donated more than $1.4 million to Proposition 8. The Order was the largest financial supporter of the successful effort to maintain a legal definition of marriage as the union of one man and one woman.
The Church of Jesus Christ of Latter-day Saints (LDS Church), also publicly supported the proposition. The First Presidency of the church announced its support for Proposition 8 in a letter intended to be read in every congregation in California. In this letter, church members were encouraged to "do all you can to support the proposed constitutional amendment by donating of your means and time". The church produced and broadcast to its congregations a program describing the support of the Proposition, and describing the timeline it proposes for what it describes as grassroots efforts to support the Proposition. Local church leaders set organizational and monetary goals for their membership—sometimes quite specific—to fulfill this call. The response of church members to their leadership's appeals to donate money and volunteer time was very supportive, such that Latter-day Saints provided a significant source for financial donations in support of the proposition, both inside and outside the State of California. LDS members contributed over $20 million, about 45% of out-of-state contributions to ProtectMarriage.com came from Utah, over three times more than any other state. ProtectMarriage, the official proponent of Proposition 8, estimates that about half the donations they received came from Mormon sources, and that LDS church members made up somewhere between 80% and 90% of the volunteers for early door-to-door canvassing.
Other religious organizations that supported Proposition 8 include the Union of Orthodox Jewish Congregations of America, Eastern Orthodox Church, a group of Evangelical Christians led by Jim Garlow and Miles McPherson, American Family Association, Focus on the Family and the National Organization for Marriage. Rick Warren, pastor of Saddleback Church, also endorsed the measure.
The Grossmont Union High School District in San Diego County, California, publicly voted on a resolution endorsing Proposition 8. The Governing Board voted 4–0 to endorse the amendment of the California State Constitution.
The Asian Heritage Coalition held a rally in support of Proposition 8 in downtown San Diego on October 19, 2008.
"Whether You Like It or Not" advertisement
In the months leading up to Election Day, Proposition 8 supporters released a commercial featuring San Francisco Mayor Gavin Newsom stating in a speech regarding same-sex marriage: "This door's wide open now. It's going to happen, whether you like it or not." Some observers noted that polls shifted in favor of Proposition 8 following the release of the commercial; this, in turn, led to much speculation about Newsom's unwitting role in the passage of the amendment.
Opponents argued that "the freedom to marry is fundamental to our society", that the California constitution "should guarantee the same freedom and rights to everyone", and that the proposition "mandates one set of rules for gay and lesbian couples and another set for everyone else". They also argued that "equality under the law is a fundamental constitutional guarantee" (see Equal Protection Clause).
Equality for All was the lead organization opposed to Proposition 8. They also ran the NoOnProp8.com campaign. As with the measure's proponents, opponents of the measure also included a number of political figures and religious organizations. Some non-partisan organizations and corporations, as well as the editorial boards of many of the state's major newspapers, also opposed the measure.
While Democratic presidential nominee and U.S. Senator Barack Obama stated that while he personally considered marriage to be between a man and woman, and supported civil unions that confer comparable rights rather than gay marriage, he opposed "divisive and discriminatory efforts to amend the California Constitution... the U.S. Constitution or those of other states". Democratic vice-presidential candidate Joseph Biden also opposed the proposition. Republican California Governor Arnold Schwarzenegger stated that although he opposed and twice vetoed legislative bills that would recognize same-sex marriage in California, he respected and would uphold the court's ruling and oppose the initiative and other attempts to amend the state's constitution. The U.S. House Speaker, California Representative (8th District), Nancy Pelosi along with other members of the California congressional delegation and both of California's U.S. senators, Dianne Feinstein and Barbara Boxer, voiced their opposition to Proposition 8. Also voicing their opposition were the Lieutenant Governor, State Controller John Chiang, former governor and Attorney General Jerry Brown, 42 of 80 members of the state assembly, half of the state senators, and the mayors of San Francisco, Los Angeles, and San Diego: Gavin Newsom, Antonio Villaraigosa, and Jerry Sanders, respectively.
All six Episcopal diocesan bishops in California jointly issued a statement opposing Proposition 8 on September 10, 2008. Southern California's largest collection of rabbis, the Board of Rabbis of Southern California, voted to oppose Proposition 8. Other Jewish groups who opposed Proposition 8 include Jewish Mosaic, the American Jewish Committee, Progressive Jewish Alliance, National Council of Jewish Women, and the Anti-Defamation League (ADL). The ADL filed amicus briefs urging the Supreme Court of California, Ninth Circuit, and the Supreme Court to invalidate Prop 8. Los Angeles Jews were more opposed to Prop 8 than any other religious group or ethnic group in the city. Seventy-eight percent of surveyed Jewish Angelenos voted against the measure while only 8% supported the measure; the remainder declined to respond. The legislative ministry of the Unitarian Universalists opposed Proposition 8, and organized phone banks toward defeating the measure. They see opposition to the proposition as a civil rights and social justice issue and their actions against it as a continuation of their previous works in civil rights.
The League of Women Voters of California opposed Proposition 8 because "no person or group should suffer legal, economic or administrative discrimination". Additionally, all but two of the National Association for the Advancement of Colored People's local chapters in California and NAACP national chairman Julian Bond and President Benjamin Jealous opposed Proposition 8. Amnesty International also condemned Proposition 8, saying that "states should never withhold rights based on minority status".
A coalition of Silicon Valley executives urged a 'No' vote on Proposition 8. Google officially opposed Proposition 8 "as an issue of equality", and its founders donated $140,000 to the No on 8 campaign. Apple Inc. also opposed Proposition 8 as a "fundamental" civil rights issue, and donated $100,000 to the No on 8 campaign. Biotech leaders warned of potential damage to the state's $73 billion industry, citing Massachusetts as a top competitor for employees.
Many members of the entertainment industry were opposed to Proposition 8. Actor Tom Hanks, a strong supporter of same-sex marriage, was extremely outspoken about his opposition to the bill. Brad Pitt and Steven Spielberg each donated different amounts of money to the opposition campaign "No on 8". In 2010, the documentary film 8: The Mormon Proposition premiered to sell-out audiences at the Sundance Film Festival.
The Los Angeles Unified School District Board of Education voted unanimously for a resolution to oppose Proposition 8. The California Teachers Association donated one million dollars to fight Proposition 8. Chancellor Robert Birgeneau of UC Berkeley urged a vote against the measure, claiming a likely threat to California's academic competitiveness if Proposition 8 is passed.
All ten of the state's largest newspapers editorialized against Proposition 8, including the Los Angeles Times, and the San Francisco Chronicle. Other papers to have editorialized in opposition include The New York Times, La Opinión (Los Angeles), and The Bakersfield Californian.
Actions against supporters and opponents
After the election, a number of protests were held against the referendum's passing. These included candlelight vigils outside organizations such as LDS churches that promoted the proposition. Rallies against the amendment took place in California and across the country, with participants numbering in thousands.
Boycotts were also a feature of public response to the outcome of the election. LGBT rights groups published lists of donors to the Yes on 8 campaign and organized boycotts of individuals or organizations who had promoted or donated to it. Targets of the boycotts included the Sundance Film Festival in Utah, El Coyote Cafe, California Musical Theatre, and the Manchester Grand Hyatt Hotel.
Fresno-area supporters of gay marriage were also harassed; "No On 8" signs at the Clovis Unitarian Universalist Church were torn up, with Reverend Bryan Jessup alleging that his church experienced vandalism "every night". Santa Clara County Deputy District Attorney (DDA) Jay Boyarsky attributed a surge in anti-gay hate crimes, from 3 in 2007 to 14 in 2008, to controversy over Proposition 8.
Pre-decision opinion polls
Various opinion polls were conducted to estimate the outcome of the proposition. Those margins with differences less than their margins of error are marked as "n.s.", meaning not significant (see Statistical significance). Those margins considered statistically significant are indicated with the percentage points and the side favored in the poll, as either "pro" for in favor of the proposition's passage (e.g., 1% pro), or "con" for against its passage (e.g., 1% con).
According to the director of the Field Poll, the discrepancy between the pre-election polls and ballot results is because "regular church-goers ... were more prone than other voters to be influenced by last-minute appeals to conform to orthodox church positions when voting on a progressive social issue like same-sex marriage."
|Date of opinion poll||Conducted by||Sample size
|In favor||Against||Undecided||Margin||Margin of Error|
|October 29–31, 2008||SurveyUSA||637||47%||50%||3%||n.s.||±4%|
|October 18–28, 2008||The Field Poll||966||44%||49%||7%||5% con||±3.3%|
|October 12–19, 2008||Public Policy Institute of California||1,186||44%||52%||4%||8% con||±3%|
|October 15–16, 2008||SurveyUSA||615||48%||45%||7%||n.s.||±4%|
|October 4–5, 2008||SurveyUSA||670||47%||42%||10%||5% pro||±3.9%|
|September 23–24, 2008||SurveyUSA||661||44%||49%||8%||5% con||±3.9%|
|September 9–16, 2008||Public Policy Institute of California||1,157||41%||55%||4%||14% con||±3%|
|September 5–14, 2008||The Field Poll||830||38%||55%||7%||17% con||±3.5%|
|August 12–19, 2008||Public Policy Institute of California||1,047||40%||54%||6%||14% con||±3%|
|July 8–14, 2008||The Field Poll||672||42%||51%||7%||9% con||±3.9%|
|May 17–26, 2008||The Field Poll||1,052||42%||51%||7%||9% con||±3.2%|
|May 22, 2008||Los Angeles Times/KTLA||705||54%||35%||11%||19% pro||±4%|
|Invalid or blank votes||340,611||2.48|
Edison/Mitofsky conducted an exit poll on behalf of the National Election Pool which is the only source of data on voter demographics in California in the 2008 election. The statistical trends from the exit poll of 2,240 voters suggested that an array of voters came out both in opposition to and in support of Proposition 8, with no single demographic group making up most of either the Yes or No vote. The National Election Pool poll showed that support for Proposition 8 was strong amongst African American voters, interviewed in the exit poll with 70% in favor, more than any other racial group. Their support was considered crucial to the proposition's passing, since African Americans made up an unusually larger percentage of voters that year, due to the presence of Barack Obama on the ballot. Polls by both the Associated Press and CNN mirrored this data, reporting support among black voters to be at 70% and 75%, respectively. A later study by the National Gay and Lesbian Task Force (NGLTF), examining the black vote only from five counties within the state, suggested that black support was closer to 58%.
Those who described themselves as religious were the strongest supporters of prop 8. According to the NGLTF study, self-identified Catholics and Protestants supported Prop 8 by measures of 55% and 66%, respectively, while Jews overwhelmingly opposed it, with support at only 17%. Young voters were more likely to have voted against the ballot measure than older voters, while Republicans were more likely to have supported the measure than were Democrats.
|San Luis Obispo||51.1%||67,304||48.9%||64,555|
In California, a constitutional amendment passed by the electorate takes effect the day after the election. On the evening of November 4 the "Yes on 8" campaign issued a statement by Ron Prentice, the chairman of ProtectMarriage.com, saying "The people of California stood up for traditional marriage and reclaimed this great institution." The organizers of the "No on Prop 8" campaign issued a statement on November 6 saying, "Tuesday's vote was deeply disappointing to all who believe in equal treatment under the law." The counties of Los Angeles, San Francisco, Yolo, Kern, Santa Barbara, San Luis Obispo, Sonoma, San Diego, San Bernardino, Sacramento, and Tuolumne stopped issuing marriage licenses to same-sex couples the day after the election.
Following the passage of Proposition 8, mass protests took place across the state. These included protests outside the LDS's Los Angeles California Temple in Westwood, Los Angeles; a march through Hollywood that blocked traffic and elicited police intervention; a candlelight vigil in front of the Sacramento Gay and Lesbian Center and a large demonstration in front of the state capitol. In San Francisco, thousands gathered in front of the City Hall, along with Mayor Gavin Newsom, to protest the proposition and to perform a candlelight vigil.
Following an audit by the California Franchise Tax Board, the proponents of Proposition 8 are facing a fine of $49,000 for violating California campaign finance disclosure laws, by failing to report $1,169,292 in contributions under the timelines required by state law.
State court: Strauss v. Horton
In considering the cases within the state courts, on November 13, 2008, the California Supreme Court asked California Attorney General Jerry Brown for an opinion on whether the Court should accept these cases for review and whether the measure should be suspended while they decide the case. On November 19, the Court accepted three lawsuits challenging Proposition 8, which consolidated into Strauss v. Horton. The Court rendered its decision on May 26, 2009. The majority decision was that Proposition 8 "carved out a limited [or 'narrow'] exception to the state equal protection clause"; Justice Moreno dissented that exceptions to the equal protection clause could not be made by any majority since its whole purpose was to protect minorities against the will of a majority. Until overturned by Hollingsworth v. Perry (below), the ruling established that Proposition 8 was valid as voted, but that marriages performed before it went into effect would remain valid.
Perry v. Schwarzenegger
After the California Supreme Court upheld the voter initiative, a suit, Perry v. Schwarzenegger (later Hollingsworth v. Perry), was filed in a Federal District Court in San Francisco. On August 4, 2010, U.S. District Chief Judge Vaughn Walker overturned Proposition 8, stating it is "...unconstitutional under the Due Process Clause because no compelling state interest justifies denying same-sex couples the fundamental right to marry." The court also determined that "Proposition 8 violated the Equal Protection Clause because there is no rational basis for limiting the designation of 'marriage' to opposite-sex couples." The court also stayed the ruling; the voter initiative was to remain in effect pending appeal. On August 12, Walker announced his decision to lift the stay (which would have allowed same-sex marriages to be performed) as of August 18, 2010. However, on August 16, 2010, the United States Court of Appeals for the Ninth Circuit indefinitely extended the District Court's stay, stopping new same-sex marriages in the state of California pending appeal. It also scheduled an accelerated time table for hearing an appeal of Walker's ruling.
Perry v. Brown (on appeal)
As the State of California chose not to appeal the ruling, an appeal was sought by two parties—the initiative proponents, and Imperial County (via its deputy clerk). The Ninth Circuit Court of Appeals considered the question of standing first. On January 4, 2011, the Ninth Circuit ruled that Imperial County did not have standing to intervene in the lawsuit (by now called Perry v. Brown)—the formal reason being the county's appeal had been "untimely", but also that the appellant was the county's deputy clerk, and precedent existed in other cases that a deputy clerk could not 'represent' a county.
To address the question whether the initiative proponents had particularized standing (that is, standing either via personal interest, or standing to represent the State's interest), the Ninth Circuit certified a question to the California Supreme Court on January 4, 2011, asking that court to rule whether, under the California Constitution or otherwise under California law, non-governmental proponents of an initiative have standing to appeal when the State is no longer willing to defend it. On February 16, 2011, the California Supreme Court unanimously agreed to address the Ninth Circuit's request. The court set an expedited schedule for the hearing and heard oral arguments on September 6, 2011. On November 17, 2011, the California Supreme Court issued an advisory opinion that the proponents of Proposition 8 did have standing, and could defend it.
Ninth Circuit ruling
On February 7, 2012, a three-judge panel on the Ninth Circuit Court of Appeals issued a 2–1 majority opinion affirming the judgment in Perry v. Schwarzenegger, which declared Proposition 8 unconstitutional, saying it violated the Equal Protection Clause. The opinion, written by Judge Stephen Reinhardt and joined by Judge Michael Hawkins, states that Proposition 8 did nothing more than lessen the status and dignity of gays and lesbians, and classify their relationships and families as inferior to those of opposite-sex couples. The court found that the people of California, by using their initiative power to target a minority group and withdraw the right to marry they once possessed under the California State Constitution, violated the federal Constitution.
The court concluded that the trial court had correctly found Proposition 8 to have no purpose other than to impose the majority's private disapproval of gays, lesbians, and their relationships through the public law, and to take away from them the designation of marriage and its recognized societal status. The findings of fact and expert witness testimony in District Court played an important role in this appellate decision, emphasizing that it is unreasonable to believe Proposition 8 was enacted to: promote childrearing by biological parents, encourage procreation, be cautious in social change, protect religious liberty, or control children's education. The court declared that it is "implausible to think that denying two men or two women the right to call themselves married could somehow bolster the stability of families headed by one man and one woman".
The dissenting judge, Judge N. Randy Smith, noted in his dissent that states do legitimately prohibit sexual relationships condemned by society such as incest, bigamy, and bestiality, and impose age limits for marriage without violating constitutional rights. He stated that "gays and lesbians are not a suspect or quasi-suspect class" and are thus not entitled to the courts' increased scrutiny of laws that affect them. He wrote, "The family structure of two committed biological parents—one man and one woman—is the optimal partnership for raising children." He also said that governments have a legitimate interest in "a responsible procreation theory, justifying the inducement of marital recognition only for opposite-sex couples" because only they can have children. He urged judicial restraint, that the justices should refrain from striking down Proposition 8.
En banc review denied
On February 21, 2012, proponents requested to have to the case reviewed en banc by the Ninth Circuit Court of Appeals. If granted, en banc review could have taken a year or more, which would have delayed possible U.S. Supreme Court review. Pending the appeal, a stay was continued, barring any marriages from taking place. On June 5, 2012, the full Ninth Circuit refused to rehear the case; the stay would remain in place pending final action by the Supreme Court.
The Ninth Court's ruling was subsequently vacated (withdrawn) although it affirmed the district court ruling, since the Supreme Court later determined that the proponents of Proposition 8 had not had standing to appeal the district court's ruling.
Hollingsworth v. Perry (U.S. Supreme Court)
The proposition's proponents filed a petition for certiorari with the U.S. Supreme Court on July 30, 2012, requesting that the Supreme Court review the case. Briefs in opposition both from the individual respondents and from the City and County of San Francisco were filed August 24, and the petitioners replied on September 4. On December 7, 2012, the Supreme Court granted the proponents' petition for certiorari and asked to be briefed for arguments concerning the petitioners' Article III standing, amid considerable anticipation of a finding of a lack of justiciability in order to avoid a holding on the merits. Oral arguments were heard on March 26, 2013.
Parties who lodged amicus briefs with the court included: Judge Georg Ress and the Marriage Law Foundation; William N. Eskridge, Jr., et al.; the Center for Constitutional Jurisprudence; the Public Advocate of the United States, et al.; the National Association of Evangelicals, et al.; the American Civil Rights Union; Judicial Watch, Inc., et al.; the Eagle Forum Education & Legal Defense Fund, Inc.; the Foundation for Moral Law; and the state of Indiana, et al.
The Supreme Court issued a 5–4 decision on June 26, 2013. Chief Justice Roberts wrote for the majority, and was joined by Justices Scalia, Ginsburg, Breyer, and Kagan. Justices Kennedy, Thomas, Alito, and Sotomayor were in the minority. The Court found the proponents did not have standing to appeal in federal court. To have standing, they "must have suffered an injury in fact, thus giving [them] a sufficiently concrete interest in the outcome of the issue in dispute". Because no injury had been shown, the appeal to the Ninth Circuit should have been dismissed for lack of jurisdiction. (This only applied to the Ninth Circuit and Supreme Court cases.) The Court returned the case to the Ninth Circuit with instructions to dismiss the appeal. This left the district court's ruling overturning Proposition 8 as the final ruling in the case. Because the appeal was decided on the question of standing, the Supreme Court did not examine nor rule on whether in their view Proposition 8 had violated the U.S. Constitution.
Justice Kennedy, writing for the minority, said the views of the California Supreme Court on the proponents' standing should have been respected, because "the basic premise of the initiative process [and] the essence of democracy is that the right to make law rests in the people and flows to the government, not the other way around".:13
On June 28, 2013, the Ninth Circuit lifted its stay of the district court's ruling, enabling same-sex marriages to resume; minutes afterward, plaintiffs Perry and Stier became the first couple in California to legally wed under state law since the enactment of Proposition 8 in 2008, doing so at San Francisco City Hall at 4:45 PDT, with California's Attorney General Kamala Harris officiating at the ceremony.
There were two legal challenges made to the implementation of the ruling, both subsequently denied:
Federal court legal challenge to removal of stay
State court legal challenges to statewide implementation of ruling
- Briggs Initiative
- Houston Proposition 1 (2015)—a veto referendum which led to the repealing of an ordinance protecting LGBTQ rights.
- LGBT rights in California
- List of former U.S. state constitutional amendments banning same-sex unions by type
- Obergefell v. Hodges—a 2015 U.S. Supreme Court case holding that the right to marry is guaranteed to same-sex couples.
- San Francisco 2004 same-sex weddings—a prior controversy that sparked In re Marriage Cases and led to Proposition 8
- United States v. Windsor—a 2013 U.S. Supreme Court case, decided along with Hollingsworth v. Perry, that struck down Section 3 of the Defense of Marriage Act, thereby granting federal benefits to same sex couple who are married under state law
- 8 (or 8 the Play)—an American play that portrays the closing arguments of Perry v. Schwarzenegger, the federal trial that led to the overturn of Proposition 8
- "Statement of Vote: 2008 General Election" (PDF). California Secretary of State. December 13, 2008. Archived from the original (PDF) on May 6, 2013. Retrieved June 26, 2013.
- "Pro-Family Group Says Effort to Ban Calif. Gay 'Marriage' Looks 'Strong'". Christianpost.com. 2008-04-05. Retrieved 2013-11-01.
- Scan of Initiative filing from California Attorney General's web site
- "Propositions that are on the November 4, 2008 General Election Ballot Archived June 17, 2009, at the Wayback Machine.", California Secretary of State
- Text of Proposition 8, Official Voter Information Guide (draft copy). Retrieved July 28, 2008
- "Judge strikes down Prop. 8, allows gay marriage in California". Los Angeles Times. August 4, 2010. Retrieved February 22, 2012.
- "Hollingsworth et al. v. Perry et al. Certiorari to the United States Court of Appeals for the Ninth Circuit No. 12–144. Argued March 26, 2013—Decided June 26, 2013" (PDF). Retrieved 2013-12-03.
- "Prop 8 ruling explained: Why gay marriage will resume in California. NBC June 26, 2013". Nbcpolitics.nbcnews.com. 2013-06-26. Retrieved 2013-12-03.
- Savage, David G. (2013-06-26). "Prop. 8: Supreme Court clears way for gay marriage in California. LA Times June 26, 2013 Politics Now". Latimes.com. Retrieved 2013-12-03.
- Between the Lines of the Proposition 8 Opinion. NY Times June 26 2013
- Dolan, Maura (2013-06-28). "Prop 8: Gay marriages can resume in California, court rules". Latimes.com. Retrieved 2013-12-03.
- "San Jose recognizes gay marriage". Chicago Tribune. March 10, 2004. Retrieved February 21, 2012.
- "California Constitution Article XVIII". Archived from the original on 2008-12-10.
- Wisckol, Martin (February 4, 2009). "Gays would lose few legal rights with marriage ban". Orange County Register. Retrieved February 12, 2009.
- John Schwartz (May 26, 2009). "California High Court Upholds Gay Marriage Ban". The New York Times. Retrieved December 17, 2009.
- "Same-Sex Married Couples". California Franchise Tax Board. 5009-05-26. Retrieved December 17, 2009. Check date values in:
- Fowler, Geoffrey A.; Bravin, Jess (February 8, 2012). "Court Rejects State Ban On Gay Marriage". The Wall Street Journal. pp. A1, A4.
- "Ruling by United States District Court" (PDF). San Francisco Chronicle. Archived from the original (PDF) on 2012-03-07.
- Egelko, Bob; Bulwa, Demian (August 4, 2010). "Judge strikes down ban on same-sex marriage". San Francisco Chronicle. Retrieved August 4, 2010.
- Keys, Matthew (August 4, 2010). "Federal Judge: Same Sex Marriage Ban Under Proposition 8 Violates Constitution". FOX40.com. Archived from the original on 2012-08-07.
- "Prop. 8: Gay-marriage ban unconstitutional, court rules". Los Angeles Times. February 7, 2012. Retrieved February 7, 2011.
- Bulwa, Demian; Fagan, Kevin; Gordon, Rachel (August 22, 2010). "Prop. 8: Appeals court puts ruling on hold". San Francisco Chronicle. Archived from the original on 2012-03-04.
- "Hollingsworth v. Perry, Proceedings and Orders". Supreme Court of the United States. Retrieved January 7, 2013.
- Sayre, Ben; Bode, Leticia; Shah, Dhavan; Wilcox, Dave; and Shah, Chirag (2010) "Agenda Setting in a Digital Age: Tracking Attention to California Proposition 8 in Social Media, Online News and Conventional News", Policy & Internet: Vol. 2: Iss. 2, Article 2, Page 11. DOI: 10.2202/1944-2866.1040
- "Text of Proposed Laws" (PDF). Official Voter Information Guide. State of California. p. 128. Retrieved August 28, 2012.
SECTION 1. Title: This measure shall be known and may be cited as the “California Marriage Protection Act.”
- Werdegar, Kathryn Mickle (May 26, 2009). "California Supreme Court Concurring Decision by Werdeger" (PDF). p. 35. Retrieved February 11, 2012.
- Folmar, Kate (June 2, 2008). "Secretary of State Debra Bowen Certifies Eighth Measure for November 4, 2008, General Election" (PDF). California Secretary of State. Archived from the original (PDF) on September 10, 2008. Retrieved August 7, 2008.
- Scan of Initiative from California Attorney General website.
- Dolan, Maura (July 17, 2008). "Bid to ban gay marriage will stay on ballot, California Supreme Court rules". Los Angeles Times. David Hiller. Retrieved August 7, 2008.
- Costa v. Superior Court (2006) 37 Cal.4th 986, 1005–1006.
- "Official Prop 8 Ruling Document". SFist. May 26, 2009. Archived from the original on May 29, 2009. Retrieved May 26, 2009.
- "Initiative Measure Title and Summary (07-0068)" (PDF). California Attorney General. November 29, 2007.
- "Ballot Label (Proposition 8)". California Secretary of State. July 3, 2008. Archived from the original (PDF) on April 30, 2009.
- Garrison, Jessica (July 29, 2008). "Opponents of gay marriage say they will sue over changed wording in Proposition 8". Los Angeles Times.
- "California Elections Code". The State of California. Archived from the original on July 30, 2009. Retrieved December 6, 2008.
- Phillip Matier; Andrew Ross (October 26, 2008). "Jerry Brown's wording may trip up Prop. 8". San Francisco Chronicle. Retrieved June 27, 2013.
- Jansson v. Bowen, et al., Petition for Writ of Mandate, Order After Hearing (Superior Court of California, County of Sacramento August 7, 2008).
- "Lawsuit filed to challenge California ballot's 'inflammatory' rewording of marriage amendment". CNA. Catholic News Agency. August 1, 2008. Retrieved March 28, 2009.
- Garrison, Jessica (July 28, 2008). "Gay marriage foes challenge ballot wording". AZ Central.com. Retrieved August 7, 2008.
- "Request for judicial notice in support of opposition to petition for writ of mandate" (PDF). Attorney General of the State of California. August 4, 2008. Archived from the original (PDF) on 2009-03-27.
- Egelko, Bob (August 8, 2008). "Judge refuses to order change in Prop. 8 title". San Francisco Chronicle. Retrieved August 8, 2008.
- Egelko, Bob (August 12, 2008). "Prop. 8 backers drop challenge on wording". San Francisco Chronicle.
- "Order Denying Petition (Case No. C059606)". California Court of Appeal, 3rd District. August 8, 2008.
- Egelko, Bob (August 12, 2008). "Prop. 8 backers drop challenge on wording". San Francisco Chronicle. Retrieved October 25, 2008.
- Reid Wilson, The most expensive ballot initiatives, Washington Post (May 17, 2014).
- Leff, Lisa (October 2, 2008). "California marriage initiative sparks 'War of the Rings'". Gilroy Dispatch. Associated Press. Retrieved August 23, 2016.
- "Record 17.3 million Californians registered to vote" (PDF). California Secretary of State. October 20, 2008. Archived from the original (PDF) on August 2, 2013. Retrieved August 2, 2013.
- "Proposition 8: Who gave in the gay marriage battle?". Los Angeles Times. Retrieved June 30, 2012.
- "California Same-Sex Marriage Initiative Campaigns Shatter Spending Records". U.S. News & World Report. October 29, 2008. Retrieved October 29, 2008.
- Morain, Dan; Garrison, Jessica (October 25, 2008). "Proposition 8 proponents and foes raise $60 million". Los Angeles Times.
- Prentice, Ron; Mark Jansson; Edward Dolejsi; Andrew Pugno (October 20, 2008). "Letter addressed to Abbott and Associates" (PDF). towleroad.com. Archived from the original (PDF) on August 2, 2013. Retrieved August 2, 2013.
- Leff, Lisa (October 23, 2008). "Calif. gay marriage ban backers target businesses". The San Francisco Chronicle. Associated Press. Archived from the original on October 25, 2008. Retrieved October 23, 2008.
- "Equality California Sponsors". Archived from the original on December 19, 2008. Retrieved November 13, 2008.
- "Threatening Letters Spark New Prop 8 Controversy". KFMB-TV, San Diego. October 23, 2008. Archived from the original on October 24, 2008. Retrieved October 23, 2008.
- Vives, Ruben (June 9, 2010). "Mormon Church to be fined by state political commission over Proposition 8". Los Angeles Times. Retrieved June 9, 2010.
- Thorson, Kjerstin; Brian Ekdale; Porismita Borah; Kang Namkoong; Chirag Shah (2010). "YouTube and Proposition 8: A case study in video activism". Information, Communication & Society. 13 (3): 325. doi:10.1080/13691180903497060.
- "ProtectMarriage.com "Get a Yard Sign"—the official "Yes on 8" sign". Archived from the original on October 22, 2008.
- "California General Election Tuesday November 4 Voter Information Guide". sos.ca.gov. Archived from the original on November 18, 2012. Retrieved December 6, 2012.
- "ProtectMarriage.com". Retrieved July 7, 2008.
- "McCain Supports Efforts to Ban Gay Marriage". U.S. News & World Report. June 27, 2008. Retrieved September 1, 2008.
- Gingrich, Newt. "Stop Imperial Judges...Support Proposition 8". Newt Gingrich. Retrieved October 1, 2008.
- Eggen, Dan (March 31, 2012). "Romney under fire for PAC donation to anti-gay marriage group". The Washington Post.
- "Catholic Bishops Endorse Prop. 8". Retrieved January 22, 2014.
- "Proposition 8 to Protect Marriage Receives $1 Million Donation from the Knights of Columbus Catholic Organization". Retrieved September 19, 2008.
- "A Statement of the Catholic Bishops of California in Support of Proposition 8". California Catholic Conference. Archived from the original on February 2, 2014. Retrieved January 22, 2014.
- "Catholic Bishops Endorse Prop. 8". Retrieved September 19, 2008.
- "I was Blackballed". Archived from the original on July 8, 2011. Retrieved February 2, 2009.
- Kuruvila, Matthai (November 10, 2008) "To Pass Measure, Catholics and Mormons Allied". San Francisco Chronicle. (Retrieved 11-10-08.)
- Salvatore Cordileone, Gay Marriage Opponent And Prop. 8 Creator, Named Archbishop Of San Francisco, Huffington Post 7/27/2012
- Nancy Pelosi urges S.F. archbishop to exit marriage march, San Francisco Chronicle, 6/14/14
- 19 June 2014, San Francisco Chronicle, cited in William Bigelow, "Pelosi warns SF Bishop not to march for traditional marriage"
- Shereen Marisol Meraji (February 7, 2012). "LA Catholics react to Prop 8 decision; many Catholics strongly supported the proposition". 89.3 KPCC. Retrieved 2013-08-15.
- "California Secretary of State - CalAccess - Campaign Finance". California Secretary of State. Retrieved 2013-06-28.
- "California and Same-Sex Marriage". Retrieved September 5, 2008.
- "LDS Donate Millions to Fight Gay Marriage". Archived from the original on September 18, 2008. Retrieved September 17, 2008.
- "Prop 8 supporters see surge in donations". Archived from the original on September 21, 2008. Retrieved September 19, 2008.
- "Church Readies Members on Proposition 8". October 8, 2008. Retrieved February 24, 2009.
- Kirchick, James. "The New Religious Right". The Advocate. Archived from the original on February 14, 2009. Retrieved June 18, 2009.
- "Preserving Traditional Marriage and Strengthening Families" (PDF). The Church of Jesus Christ of Latter-day Saints. June 20, 2008. Retrieved June 18, 2009.
- "Preserving the Divine Institution of Marriage". The Church of Jesus Christ of Latter-day Saints. Retrieved October 24, 2008.
- "LDS donate millions to fight gay marriage". September 16, 2008. Archived from the original on October 19, 2008. Retrieved October 30, 2008.
- Moral Argument, Religion, and Same-Sex Marriage: Advancing the Public Good, Emily R. Gill, Jason Pierceson, page x (introduction)
- "Opponents of gay marriage ban ride wave of donations". October 24, 2008. Retrieved October 30, 2008.
- McKinley, Jesse; Johnson, Kirk (November 14, 2008). "Mormons Tipped Scale in Ban on Gay Marriage". The New York Times. Retrieved December 24, 2008.
- "Orthodox Join Fight Against Gay Nuptials". The Forward. Retrieved September 19, 2008.
- "Orthodox Christian Bishops of California in support of Proposition 8".
- "Christian Marriage Movement's Ground Zero". Retrieved September 19, 2008.
- "Prop 8 supporters see surge in donations". Archived from the original on December 2, 2008. Retrieved September 19, 2008.
- Newspapers, McClatchy (September 16, 2008). "California's ballot battle over gay marriage shows US cultural divide". The Guardian. London. Retrieved September 17, 2008.
- Warren, Rick (October 23, 2008). "Pastor Rick's News & Views". Saddleback Church. Retrieved April 19, 2009.
- "Resolution for the Endorsement of Proposition 8—The California Marriage Protection Act" (PDF). Grossmont Union High School District. July 31, 2008. Archived from the original (PDF) on October 29, 2008. Retrieved October 13, 2008.
- Gustafson, Craig (October 19, 2008). "Asian group rallies for traditional marriage". Union Tribune. Archived from the original on February 21, 2009. Retrieved October 19, 2008.
- Haagenson, Gene (unknown (2009)). "Prop 8 debate underway in Porterville". KFSN-TV News. Fresno: abc30.com. Retrieved November 9, 2009. Check date values in:
- Allday, Erin (November 6, 2008). "Newsom was central to same-sex marriage saga". San Francisco Chronicle. Retrieved October 31, 2011.
- Newsom seeks to get beyond Prop. 8 fiasco in quest to become governor Archived February 11, 2009, at the Wayback Machine.
- "'Historic' campaign scored Prop 8's win in California". Bpnews.net. November 6, 2008. Archived from the original on June 15, 2011. Retrieved October 31, 2011.
- Darman, Johnatha (January 17, 2009). "Hoping That Left Is Right". Newsweek. Retrieved June 18, 2009.
- "Join No On Prop 8, Equality For All". Equality for All. Archived from the original on February 23, 2010. Retrieved July 31, 2008.
- "Vote No On Prop 8". Vote No On Prop 8. Archived from the original on September 20, 2008. Retrieved September 21, 2008.
- Obama, Barack (June 7, 2006). "Obama Statement on Vote Against Constitutional Amendment to Ban Gay Marriage". Senate. Archived from the original on December 8, 2008. Retrieved October 13, 2008.
- "Obama on same sex marriage". CNN. January 25, 2008. Retrieved October 13, 2008.
- Rojas, Aurelio (July 1, 2008). "Obama rejects proposed California gay marriage ban". Sacramento Bee. Archived from the original on July 31, 2008. Retrieved August 13, 2008.
- "Biden says he had oppose Calif. gay marriage ban". San Francisco Chronicle. October 20, 2008. Archived from the original on October 22, 2008. Retrieved October 21, 2008.
- Allison Hoffman (April 12, 2008). "Schwarzenegger: No to Marriage Amendment". Associated Press. Archived from the original on April 20, 2008.
- "Gov. Schwarzenegger Issues Statement on Today's State Supreme Court Ruling" (Press release). Office of the Governor of California. May 15, 2008. Archived from the original on May 17, 2008.
- "Pelosi Statement on California State Supreme Court Ruling on Gay Marriage" (Press release). House Speaker Nancy Pelosi. May 15, 2008. Archived from the original on August 2, 2008.
- "Feinstein opposes Prop 8". Bay Area Reporter. September 11, 2008.
- Hemmelgarn, Seth (September 11, 2008). "Feinstein silent on Prop 8". Bay Area Reporter. Retrieved September 17, 2008.
- "Gavin Newsom Speaks on Prop 8". YouTube. Retrieved September 17, 2008.
- "San Diego Mayor Stands Up For Marriage Equality". YouTube. Retrieved October 2, 2008.
- "Who Opposes Prop 8?". No On 8, Equality for All. Retrieved August 1, 2013.
- Helfand, Duke (September 11, 2008). "California's top Episcopal bishops oppose gay marriage ban". Los Angeles Times.
- "Southern California rabbi board opposes gay marriage ban". Los Angeles Times. September 27, 2008.[dead link]
- Drinkwater, Gregg (October 20, 2008). "Speaking out for love, justice and the freedom to marry". Jewish Mosaic. Archived from the original on February 14, 2009. Retrieved October 25, 2008.
- http://22.214.171.124/Modules/ShowDocument.aspx?documentID=1228. Retrieved 2013-11-01. Missing or empty
- "Most L.A. Jews voted against same-sex ban". Jewish Telegraphic Agency. November 9, 2008. Archived from the original on November 13, 2008.
- Deakin, Michelle Bates (October 20, 2008). "Unitarian Universalists work to preserve gay marriage in Calif". UUWorld. Retrieved December 24, 2008.
- "CA Council of Churches Condemn Court Decision" (PDF). CA Council of Churches. May 26, 2009. Archived from the original (PDF) on August 2, 2013. Retrieved August 1, 2013.
- "Vote No on Proposition 8". League of Women Voters of California. Archived from the original on 2008-10-12.
- Garofoli, Joe (June 16, 2009). "NAACP weighs support of gays who want to marry". San Francisco Chronicle. Retrieved June 17, 2009.
- "Amnesty International Urges California Supreme Court to Overturn Prop 8 and Restore Marriage Equality". Newswire. Archived from the original on May 22, 2009. Retrieved March 4, 2009.
- "Silicon Valley Stands United Against Prop. 8". TechCrunch. October 30, 2008. Retrieved October 31, 2008.
- "Our position on California's No on 8 campaign". September 26, 2008. Retrieved September 29, 2008.
- "Google, Apple Openly Support Fight Against 'Proposition 8'". October 25, 2008. Retrieved July 11, 2013.
- "Apple to oppose anti-gay marriage ballot question". October 24, 2008. Retrieved October 24, 2008.
- Quinn, Michelle (October 24, 2008). "Apple donates $100,000 to fight same-sex marriage ban". Los Angeles Times.
- Somers, Terri (October 29, 2008). "Proposition 8 would blunt biotech edge, execs say". San Diego Union-Tribune. Archived from the original on November 1, 2008. Retrieved October 29, 2008.
- Lang, Derrik (October 22, 2008). "Hollywood comes out in support of gay marriage". Archived from the original on October 27, 2008. Retrieved October 27, 2008.
- "Spielberg Makes Like Pitt, Supports Same-Sex Marriage—E! Online". Uk.eonline.com. September 23, 2008. Retrieved October 31, 2011.
- "LA Unified Opposes Prop. 8". LA Weekly. September 10, 2008. Archived from the original on September 24, 2008. Retrieved October 13, 2008.
- Larrubia, Evelyn (October 17, 2008). "Teachers Union Donates $1 Million to Oppose Proposition 8". LA Times. Retrieved October 17, 2008.
- "Chancellor Birgeneau informs campus of likely impacts of Proposition 8". October 22, 2008. Retrieved October 29, 2008.
- "Reneging on a right". Los Angeles Times. August 8, 2008. Retrieved September 29, 2008.
- "Californians should reject Proposition 8". San Francisco Chronicle. October 1, 2008. Retrieved October 2, 2008.
- "Gay marriage right should not be repealed". San Diego Union-Tribune. September 18, 2008. Archived from the original on September 21, 2008. Retrieved September 29, 2008.
- "California Prop. 8 Editorial: Intrusion into marriage should be even-handed". The Orange County Register. October 1, 2008. Archived from the original on October 7, 2008. Retrieved October 2, 2008.
- "Endorsements '08: Say 'No' to all propositions except 11". Sacramento Bee. October 9, 2008. Archived from the original on October 14, 2008. Retrieved October 9, 2008.
- "Editorial: Initiative against gay marriage must be defeated". San Jose Mercury News. August 17, 2008. Retrieved September 29, 2008.
- "Times recommendations on California propositions". Contra Costa Times. October 19, 2008. Retrieved October 20, 2008.
- "No on 8". The Press-Enterprise. September 27, 2008. Archived from the original on September 10, 2012. Retrieved October 20, 2008.
- "No on Prop. 8". The Fresno Bee. October 21, 2008. Archived from the original on October 24, 2008. Retrieved October 21, 2008.
- "No on Prop. 8". Daily News. October 20, 2008. Retrieved October 21, 2008.
- "Preserving California's Constitution". The New York Times. September 28, 2008. Retrieved September 29, 2008.
- "Una propuesta innecesaria". La Opinión (in Spanish). October 9, 2008. Retrieved October 21, 2008.
- "Vote no on Proposition 8". The Bakersfield Californian. October 15, 2008. Archived from the original on October 17, 2008. Retrieved October 28, 2008.
- Maher, Sean (November 10, 2008). "Anti-Prop 8 demonstrators protest near Mormon temple". Oakland Tribune. Retrieved December 24, 2008.
- Blankenfeld, Budy (November 2, 2008). "LDS moms hold vigil against Prop. 8". ABC4. Retrieved December 24, 2008.
- New York Times: Across U.S., Big Rallies for Same-Sex Marriage
- "wbztv.com: 4,000 In Boston Protest Calif. Gay Marriage Ban". Archived from the original on February 28, 2010.
- "dallasnews.com: 1,200 protest California's gay-marriage ban at Dallas City Hall". Archived from the original on August 24, 2009.
- "Orland Sentinel: 'National Day of Protest' of gay-marriage bans includes Orlando, 85 other cities".[dead link]
- "Philadelphia Inquirer: Gay rights rally in Philadelphia, elsewhere".[dead link]
- "San Francisco Chronicle: Bay Area demonstrations condemn Prop. 8". The San Francisco Chronicle. Archived from the original on January 27, 2012.
- Ostrom, Mary Anne (November 13, 2008). "Protests, boycotts erupt in the wake of Prop. 8's passage". The Mercury News.
- Abramowitz, Rachel (November 23, 2008). "Liberal Hollywood ponders next step in fight for same-sex marriage". Los Angeles Times.
- Hofler, Robert (November 17, 2008). "Same-Sex Activists Target Sundance". Variety.
- Carlton, Jim (December 27, 2008). "Gay Activists Boycott Backers of Prop 8". The Wall Street Journal.
- Ainsworth, Bill (July 10, 2008). "Gay rights groups to boycott Manchester Grand Hyatt". San Diego Union Tribune. Archived from the original on March 24, 2009. Retrieved June 16, 2009.
- "Prop 8 Threat: Fresno Police close to Arrest", by Andres Araiza, KFSN-TV30/Fresno, October 31, 2008
- "Prop 8 Death Threats", by Amanda Perez, KFSN-TV30/Fresno, October 31, 2008
- "Prop 8 Protesting Turns Ugly". November 10, 2008. Retrieved April 4, 2009.
- "Radical Gay Activist Group Plans More Disruptions". Chicago Tribune. November 20, 2008. Archived from the original on November 16, 2009.
- Kaplan, Tracey (March 16, 2009). "Surge in anti-gay hate crime cases". San Jose Mercury News. Retrieved March 16, 2009.
- DiCamillo, Mark (November 10, 2008). "Why Prop. 8 confounded pre-election pollsters". San Francisco Chronicle. Retrieved November 12, 2008.
- "Proposition 8, on Marriage, Still in Doubt". SurveyUSA. November 1, 2008. Retrieved November 2, 2008.
- Wildermuth, John (October 22, 2008). "Prop. 8 still trails, but margin narrows". The Field Poll. Retrieved October 23, 2008.
- "Californians & Their Government — PPIC Survey" (PDF). Public Policy Institute of California. October 22, 2008. Retrieved October 23, 2008.[dead link]
- "California Prop 8 Remains a Fierce Fight That Could Be Decided Either Way By Handful of Votes". SurveyUSA. October 17, 2008. Retrieved October 17, 2008.
- "Young Voters Lead Prop 8 Support Shift". CBS 5 local. October 6, 2008. Archived from the original on October 7, 2008. Retrieved October 7, 2008.
- "California Proposition 8 Too Close To Call". SurveyUSA. October 6, 2008. Retrieved October 7, 2008.
- "Action News poll". ABC 30 local. September 26, 2008. Retrieved September 26, 2008.
- "California Proposition 8 Could Go Either Way". SurveyUSA. September 25, 2008. Retrieved September 26, 2008.
- Wildermuth, John (September 25, 2008). "Poll: Same-sex marriage ban not wooing voters". San Francisco Chronicle. p. B2.
- Sturrock, Carrie (September 18, 2008). "Opposition to same-sex marriage ban grows". San Francisco Chronicle. Retrieved October 23, 2008.
- Garrison, Jessica (August 27, 2008). "Most oppose bid to ban gay marriage in California, poll finds". Los Angeles Times. Retrieved August 30, 2008.
- "Californians & their government" (PDF). Public Policy Institute of California. August 27, 2008. Retrieved October 22, 2008.[dead link]
- "Release #2278" (PDF). The Field Poll. July 18, 2008. Archived from the original (PDF) on October 29, 2008. Retrieved October 22, 2008.
- "Field Poll: Majority of Californians now support gay marriage". Sacramento Bee. May 28, 2008. Archived from the original on May 29, 2008. Retrieved August 1, 2008.
- Decker, Cathleen (May 23, 2008). "Times Poll: Californians narrowly reject gay marriage". Los Angeles Times. Retrieved August 1, 2008.
- "Article 18 Amending and Revising the Constitution". Legislative Counsel of California. Archived from the original on December 10, 2008. Retrieved November 26, 2008.
- "CNN 2008 Exit Polls, Page 1". Retrieved November 13, 2008.
- "CNN 2008 Exit Polls, Page 2". Retrieved November 13, 2008.
- "Exit Poll Shows Blacks, Hispanics Overwhelmingly Backed Prop. 8". KTVU. November 5, 2008. Archived from the original on September 17, 2012. Retrieved March 29, 2012.
- Morain, Dan; Garrison, Jessica (2008-11-06). "Focused beyond marriage". latimes.com. Retrieved 2013-11-01.
- "70% of African Americans backed Prop. 8, exit poll finds - latimes.com". Latimesblogs.latimes.com. 2008-11-05. Retrieved 2013-11-01.
- "Local Exit Polls—Election Center 2008—Elections & Politics from". CNN.com. Retrieved 2013-11-01.
- "California's Prop 8" (PDF).
- Wildermuth, John (January 7, 2009). "Black support for Prop 8 called exaggeration". The San Francisco Chronicle.
- Karl Vick; Ashley Surdin (7 November 2008). "Most of California's Black Voters Backed Gay Marriage Ban". Washington Post. District of Columbia. Retrieved 11 April 2017.
Marcus Wohlsen (6 November 2008). "Blacks, Latinos helped Prop. 8, exit polls say". San Diego Union-Tribune. San Diego. Associated Press. Retrieved 11 April 2017.
Patrick J. Egan; Kenneth Sherrill (January 2010). "California's Proposition 8 and America's Racial and Ethnic Divides on Same‐Sex Marriage" (PDF). The Wilf Family Department of Politics. New York University. Retrieved 11 April 2017.
- Bretón, Marcos (November 9, 2008). "Faith was key factor in Prop. 8 vote". Sacramento Bee. Retrieved August 20, 2009.[dead link]
- "Local Exit Polls—Election Center 2008—Elections & Politics from". CNN.com. Retrieved 2013-11-01.
-  California's Proposition 8: What Happened, and What Does the Future Hold? (access date: 2013-11-01)
- "L.A. Jews overwhelmingly opposed Prop. 8, exit poll finds - latimes.com". Latimesblogs.latimes.com. 2008-11-09. Retrieved 2013-11-01.
- Sacbee.com, California election exit poll data. Retrieved August 20, 2009 Archived November 8, 2008, at the Wayback Machine.
- "Statement on Proposition 8 Passing by Ron Prentice, Chairman of ProtectMarriage.com". ProtectMarriage.com. November 4, 2008. Archived from the original on November 9, 2008. Retrieved November 14, 2008.
- "Final Statement from No on Prop 8 Campaign". No On 8, Equality for All. November 6, 2008. Retrieved November 6, 2008.
- "Same-Sex Couple Tries To Marry, Turned Away". KCRA.com. November 5, 2008. Archived from the original on February 22, 2012. Retrieved November 5, 2008.
- Emanuella Grinberg (November 5, 2008). "Los Angeles stops issuing marriage licenses to gay couples". CNN. Archived from the original on March 4, 2016. Retrieved March 29, 2009.
- Jenny Shearer (November 5, 2008). "County clerk: No more marriage licenses will be issued to same-sex couples". Bakersfield Californian. Archived from the original on March 4, 2016. Retrieved March 29, 2009.
- Lisa Leff (November 5, 2008). "California voters approve gay-marriage ban". Associated Press.[dead link]
- Carina Corral (November 10, 2008). "Same-sex marriage licenses no longer being issued on Central Coast". MSNBC.[dead link]
- Garrison, Jessica; Lin, Joanne (November 6, 2008). "Prop. 8 protesters target Mormon temple in Westwood". Los Angeles Times. Retrieved November 6, 2008.
- "Gay Marriage Ban Protests In LA". Sky News. November 6, 2008. Archived from the original on February 14, 2009. Retrieved November 6, 2008.
- Garza, Samantha (November 6, 2008). "Sacramento rally protests Proposition 8". The Sacramento Bee. Archived from the original on December 11, 2008. Retrieved November 6, 2008.
Most or all of article text:
- "Thousands Attend Vigil Protesting Passage Of Prop. 8". KTVU. November 6, 2008. Archived from the original on November 9, 2008. Retrieved November 6, 2008.
- Oot, Torey Van (August 7, 2012). "Prop. 8 campaign faces fines for violating campaign disclosures". Sacramento Bee. Retrieved August 14, 2012.
- "California Supreme Court Takes Action on Proposition 8" (PDF). Judicial Council of California. November 19, 2008. Retrieved November 19, 2008.
- "Perry v Schwarzeneggar (pg 113–114)". Retrieved February 8, 2012.
- "Perry v Schwarzeneggar (pp. 119–122)". Retrieved February 8, 2012.
- McKinley, Jesse (August 12, 2010). "Judge Sets End to Ban on Gay Marriage in California". New York Times. Retrieved August 12, 2010.
- "Final Stay Order". scribd.com. Retrieved August 12, 2010.
- Reuters (August 17, 2010). "California gay marriages on hold again". Australian Broadcasting Corporation. Retrieved August 17, 2010.
- Wisckol, Martin (January 4, 2011). "Prop. 8 gay marriage ruling hits detour". Ocregister.com. Retrieved October 31, 2011.
- "California Supreme Court to decide issue in same-sex marriage ban case". CNN. February 16, 2011. Retrieved February 16, 2011.
- Dolan, Maura (February 17, 2011). "California Supreme Court reenters Proposition 8 fray". Los Angeles Times. Retrieved February 27, 2011.
- Andy Towle (September 7, 2011). "Yesterday's Hearing On Standing In The Prop 8 Case: Full Video, Reactions".
- Ariane de Vogue (November 17, 2011). "Prop 8: California Supreme Court Rules Sponsors Can Continue Case". ABC News.
- Perry v Brown (California Supreme Court 11/17/11). Text
- "Perry v Brown (pg 5)". Retrieved February 8, 2012.
- "Perry v Brown (pg 79–80)". Retrieved February 8, 2012.
- "Perry v Brown (pg 77)". Retrieved February 8, 2012.
- "Perry v Brown (pg 69)". Retrieved February 8, 2012.
- "Perry v Brown (pg 63)". Retrieved February 8, 2012.
- "Court: Calif. gay-marriage ban unconstitutional". CBS News. CBS/AP. February 7, 2012. Retrieved February 8, 2012.
- "Dissenting Prop. 8 judge says 'optimal partnership' is man, woman". Latimesblogs.latimes.com. 2012-02-07. Retrieved 2013-12-03.
- Jamison, Peter (2012-02-07). "Prop. 8 Appeals Court Ruling: Inside the Dissenting Opinion". Blogs.sfweekly.com. Retrieved 2013-12-03.
- Dolan, Maura (February 22, 2012). "Prop. 8 backers seek full review by appeals court". LA Times. Retrieved February 29, 2012.
- McVeigh, Karen (February 7, 2012). "Prop 8: California gay marriage ban struck down by federal appeals court". The Guardian. London. Retrieved February 8, 2012.
- "California's Proposition 8 case headed to U.S. Supreme Court". Mercurynews.com. Retrieved November 15, 2012.
- Denniston, Lyle (July 31, 2012). ""Proposition 8" defenders' appeal filed (FINAL UPDATE)". SCOTUSblog. Retrieved August 3, 2012.
- Hollingsworth v. Perry, no. 12-144, (docket). . Retrieved September 7, 2012.
- The Ticket (2012-12-07). "Supreme Court will hear two gay marriage cases | The Ticket". Yahoo! News. Retrieved 2013-11-01.
- supremecourt.gov/orders/courtorders (access date: 2013-11-01)
- "Understanding standing: The Court's Article III questions in the same-sex marriage cases (I)". SCOTUSblog. 2013-01-17. Retrieved 2013-11-01.
- Clarke, Rachel (June 26, 2013). "Supreme Court strikes down part of DOMA, dismisses Prop. 8 appeal". CNN. Retrieved June 26, 2013.
- "Strange bedfellows: The rationale of the Prop 8 dissenters". The Week. 2013-06-26. Retrieved 2013-11-01.
- Winter, Michael (June 28, 2013). "Same-sex marriages resume in Calif.: San Francisco plaintiffs in Prop. 8 ruling are first couple to wed after appellate action". USA Today. Retrieved June 28, 2013.
- "Emergency stay of California same-sex marriages sought", SCOTUSblog, June 29, 2013
- "New gay marriage challenge fails", SCOTUSblog, June 30, 2013.
- Goodbye and good riddance to Prop. 8—Los Angeles Times, editorial, June 27, 2013
- Prop. 8 backers ask court to stop weddings SFGate, 2013-07-12, by Bob Egelko.
- Same-sex marriage foes file suit in clerk's name—SFGate 2013-07-19, by Bob Egelko.
- 24 Calif. county clerks back same-sex marriages—SFGate, 2013-07-22, by Bob Egelko.
- Dolan, Maura (July 15, 2013). "California Supreme Court rejects bid to halt same-sex marriages". Los Angeles Times. Retrieved July 17, 2013.
- Dolan, Maura (August 14, 2013). "California Supreme Court rejects bid to revive Prop. 8". LA Times.
|Wikimedia Commons has media related to California Proposition 8 (2008).|
|Wikinews has related news:|
- The District Court's decision in Perry v Schwarzenegger (Prop 8 Unconstitutional)
- The Ninth Circuit Court of Appeals Decision Affirming Perry v Schwarzenegger (Prop 8 Unconstitutional)
- Video—Ninth Circuit Appeals Court Trial on the Merits
- Video—Ninth Circuit Appeals Court Trial on Recusal
- ProtectMarriage.com: Organizational sponsor of Proposition 8
- No On Prop. 8: Organizational opponent to Proposition 8
- California Official Voter Information Guide on Proposition 8, Title and summary, analysis, arguments and rebuttals, and the text of the proposition.
- Scan of Initiative from California Attorney General website
- The Money Behind the 2008 Same-Sex Partnership Ballot Measures—National Institute on Money in State Politics
- Proposition 8 map a detailed hyper-linked map on David Leips election atlas.
- Hollingsworth v. Perry at SCOTUSblog
- Amicus briefs filed in Hollingsworth v. Perry from the City Attorney of San Francisco