Proposition 8 was a California ballot proposition in the November 4, 2008, general election. It changed the state Constitution to restrict 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. The measure added a new section (7.5) to Article I, which reads: Only marriage between a man and a woman is valid or recognized in California. California's State Constitution put the measure into immediate effect on November 5, the day after the election. The proposition did not affect domestic partnerships in California.
The campaigns for and against Proposition 8 raised $39.9 million and $43.3 million, respectively, becoming the highest-funded campaign on any state ballot that day and surpassing every campaign in the country in spending except the presidential contest. The proponents argued that exclusively heterosexual marriage was "an essential institution of society," that the decision of the California Supreme Court in In re Marriage Cases bypassed the will of the people, that leaving the constitution unchanged would "result in public schools teaching our kids that gay marriage is okay," and that it was inappropriate for same-sex marriage advocates to "redefine marriage for everyone else." Opponents argued that "the freedom to marry is fundamental to our society," that "equality under the law is a fundamental constitutional guarantee" (see Equal Protection Clause) and that the proposition "mandates one set of rules for gay and lesbian couples and another set for everyone else."
After the election, demonstrations and protests occurred across the state and nation. Numerous lawsuits were filed with the California Supreme Court by same-sex couples and government entities, challenging the proposition's validity and effect on previously administered same-sex marriages. The court is expected to rule on the suits sometime in 2009.
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. Other notable supporters include Republican State Senator Tom McClintock and 20 other Republican State Senators and Assemblymembers.
The Roman Catholic Church, as well as a Roman Catholic lay fraternal organization, the Knights of Columbus, staunchly supported the measure. The bishops of the California Catholic Conference released a statement supporting the proposition. This position of the church leadership met with mixed reactions among the rank-and-file membership. One priest in Fresno, Geoffrey Farrow, came out as a gay priest and told his parishioners to oppose Proposition 8. Farrow was promptly suspended from his duties by Bishop John Steinbock. Following the suspension, the bishops reiterated their position in a pastoral letter which was read aloud, prompting some parishioners to applaud, while others walked out of the church in protest.
The Church of Jesus Christ of Latter-day Saints, whose members are commonly known as Mormons, 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." Media within the gay and lesbian community have reported that bishops and stake presidents set specific monetary goals for their membership, in order to fulfill this call. The response of the LDS membership 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. About 45% of out-of-state contributions to ProtectMarriage.com came from Utah, over three times more than any other state. ProtectMarriage, the official proponents of Proposition 8, estimate that about half the donations they received came from LDS sources, and that "eighty to ninety percent" of the early volunteers going door-to-door were LDS.
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