So What is Prop 8 Anyways?

Proposition 8 is a proposition that is on the California ballot in November, proposing a change to the state constitution to state that "Only marriage between a man and a woman is valid or recognized in California." This most recent development in California politics dealing with gay marriage is preceded by a tumultuous recent history.

Back in 2000, the citizens of California passed another Proposition 22, also known as the Defense of Marriage Act, which stated that only the marriages of heterosexual couples would be recognized in California. This was a result of fears that same-sex couples would marry in other states, then move to California and force the state government to represent their union. It was also a redundant proposition, as a DOMA had already been passed at the federal level in 1996.

Then in Feburary of 2004, San Francisco Mayor Gavin Newsom begain to give marriage licenses to same-sex couples. This was quickly halted when in August the California Supreme Court invalidated all same sex marriages on the grounds that the Mayor did not have the right to issue those licenses against California law. Multiple lawsuits followed.

In 2005 and again in 2007, the California State Legislature passed a bill that eliminated the heterosexual gender requirments on marriage, however Governor Arnold Schwarzenegger vetoed the billboth times, stating that it went against Proposition 22. The only way that Proposition 22 could be reversed was if the courts ruled it to be unconstitutional, or the people voted to stike down the proposition.

The end result was the former option, as on May 15, 2008, after reviewing the lawsuits from back in 2004 the California Supreme Court ruled that Proposition 22 went against the California Consitution, and was therefore struck down as unconstitutional. This allowed same-sex couples to marry under California law, and to recieve the same rights and benefits as any other heterosexual couple.

This leads us back to Proposition 8, and the election on Novemeber 4th, 2008. If passed, Proposition 8 would change the California Constitution to define marriage as only being between a man and a woman. This is different from Proposition 22, as Proposition 22 was part of California Family Code. Proposition 8 would change the California Constitution, thus eliminated the California Supreme Court's argument for striking down Proposition 22.

Will Proposition 8 pass? As it is a very important to those on both sides of the issue, volunteers and funding are being thrown out into the effort to convince voters to vote one way or another. A field poll taken July 18th, 2008, by the Field Research Corporation stated that 42% of voters intending to vote would vote yes on on Proposition 8, whereas 51% said that they would vote no, with 7% undecided. Obviously, the outcome of this election where Proposition 8 is concerned is not yet a given in one direction or the other. Will campaigns like Vote No on Prop 8 and Protectmarriage.com affect the outcome? We shall have to see.