Proposition 8 (or the California Marriage Protection Act) was a ballot proposition and constitutional amendment passed in the November 2008, state elections. The measure added a new provision, Section 7.5 of the Declaration of Rights, to the California Constitution, which provides that "only marriage between a man and a woman is valid or recognized 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. After the elections, demonstrations and protests occurred across the state and nation. Same-sex couples and government entities filed numerous lawsuits with the California Supreme Court challenging the proposition's validity and effect on previously administered same-sex marriages. In the Strauss v. Horton case, the court upheld Proposition 8, but allowed existing same-sex marriages to stand (under the Grandfather clause principle). The ruling was overturned by a lawsuit in federal courts on August 4, 2010. The decision will likely be appealed.
Does this decision to block Prop 8 overturn a majority of voters? Yes, 52.3%. But, whatever one's leanings from ballot to ballot, one must remember: we Californian voters are unpredictable: 187 (stopping illegal immigrants from government services) and 227 (overturning supposedly bilingual education) also were fought by liberal courts, if predictably, along with a later voter-backed ban on race-biased state hiring and college admissions. 187 was blocked by progressive courts, the other two contentious … more
Yet another case of a judge overturning the will of the people and advancing the progressive agenda. This was to be expected and the people will respond in kind in November.
Interesting take on how Jehovah's Witnesses ruling in 1943 protecting minority freedoms influenced Judge Walker's overturning of the Prop 8 passage: http://www.usatoday.com/news/opinion/forum/2...-06-engardio05_ST_N.htm