Proposition 8
Proposition 8 (English "[referendum on a] legislative proposal") was a motion to amend the California constitution by referendum with the aim of only recognizing heterosexual marriages by the state. In the vote on November 4, 2008, the majority of votes were in favor of the proposal and thus against same-sex marriage , which was considered constitutionally required and practiced from June 2008 until the constitutional amendment. The Proposition 8 campaign and the aftermath of the successful vote had a significant impact on US policy and jurisdiction in the years that followed.
In 2010 a federal court declared the referendum unconstitutional. The United States Supreme Court rejected appeals to this ruling in June 2013, so that the vote on Proposition 8 was invalid.
background
The starting point for the referendum was the judgment in the “In re Marriage Cases ” case of the California Supreme Court on May 15, 2008. In it, the judges found that laws that treat people differently based on their sexual orientation meet the strictest legal requirements (“strict scrutiny”) ) would have to suffice. However, the existing laws that limit marriage law to couples of different sexes did not meet these requirements and would therefore violate the California Constitution; they are no longer applicable. As a result, California authorities began conducting same-sex marriages in June 2008.
The ruling of the Supreme Court could only be overturned by amending the constitution, for which a referendum has to be held. The referendum can be called either by a two-thirds majority in the legislature or by a petition from 8% of California's voters. In order to get the necessary support, the opponents of same-sex marriage started a signature campaign with the aim of having the referendum held at the same time as the general elections in November 2008. They collected a total of 1,120,801 signatures, far more than the 694,354 required. The petition was officially confirmed on June 2, 2008 and the referendum was scheduled for November 4, 2008.
text
Proposition 8 consisted of two paragraphs. The full text of the application read:
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Campaigns
After Proposition 8 passed the signature hurdle, both opponents and supporters started extensive media campaigns. For this purpose, both sides collected a total of more than 83 million US dollars in donations, making the Proposition 8 campaigns the most expensive political battle in 2008 after the presidential election . According to the published records of the campaign organizations, they received support from over 64,000 people from all American states and from over 20 states.
On the part of the proponents of the constitutional amendment, the Republican presidential candidate John McCain , the former Speaker of the House of Representatives Newt Gingrich and representatives of the Roman Catholic Church , the Mormons and other religious institutions spoke out against same-sex marriage.
Democratic presidential candidate Barack Obama spoke out against the referendum as a “divisive and discriminatory attempt to change the California constitution”. The Democratic candidate for Vice President Joe Biden , California Governor Arnold Schwarzenegger , Speaker of the House Nancy Pelosi and the two California Senators in Congress publicly rejected the proposal. The rejection was also supported by the six bishops of the Californian Episcopal Church and representatives of the American Jewish Committee , the National Council of Jewish Women and the Anti-Defamation League . A coalition of entrepreneurs from Silicon Valley , together with Google , Apple and other companies, support the campaign against Proposition 8 with donations in the six-figure range. Prominent opponents also included Hollywood actors Tom Hanks , Brad Pitt, and director Steven Spielberg . In the media, the ten daily newspapers with the highest circulation positioned themselves in editorials against Proposition 8.
Survey
In the run-up to the vote, a variety of polls were conducted to determine voters' views on same-sex marriage and the likely outcome of the referendum. In almost all polls published, there was no majority in favor of Proposition 8. The only exception was a poll seven days after the Supreme Court ruled in favor of same-sex marriage, in which 54% were in favor of a constitutional change.
Results of the vote
In the vote on November 4, 2008, a majority voted for Proposition 8. The constitutional amendment came into force immediately. 7,001,084 voters voted in favor of Proposition 8, against 6,401,482. Since only a simple majority is required to amend the constitution, the proposal was successful.
| Proposition 8 | ||
|---|---|---|
| be right | proportion of | |
| Therefore | 7.001.084 | 52.24% |
| On the other hand | 6,401,482 | 47.76% |
| Valid votes | 13,402,566 | 97.52% |
| Invalid votes / abstentions | 340.611 | 2.48% |
| total | 13,743,177 | 100.00% |
| voter turnout | 79.42% | |
No further same-sex marriages were conducted or recognized by the California authorities after the constitutional amendment.
Legal consequences
Opponents of Proposition 8 appealed to California and federal courts in the weeks after the vote, with the aim of having the referendum declared invalid.
In California these cases were collectively referred to as “ Strauss v. Horton ”negotiated. The plaintiffs asserted, among other things, that Proposition 8 not only changes the constitution, but also comprehensively revises it, which would require a two-thirds majority. Proposition 8 would also violate the separation of powers , because the protection of minorities by means of the constitution would be a fundamental task of the judiciary, which could not be overruled either by the legislature or by a referendum. However, the California Supreme Court dismissed the lawsuits on May 29, 2009 on the grounds that Proposition 8 did not represent a fundamental restriction of the fundamental rights guaranteed by the California constitution and that the amendment ultimately only deprived same-sex couples of the concept of marriage. In particular, the constitutional amendment should not be understood in such a way that same-sex couples would be denied the same institutions as the already existing partnerships. With regard to the approximately 18,000 same-sex marriages concluded prior to the referendum, the court ruled that they should continue to be valid and should be treated like all other marriages. Due to the federal structure of the United States, the standard for the examination by the court was solely the law of the state of California.
After this ruling, lawsuits were filed in federal courts in the “ Perry v. Schwarzenegger ”ended. In it, the plaintiffs alleged that the amendment to the California constitution would violate the rule of law and the principle of equality of the parent constitution of the United States . After an oral hearing, the responsible judge Vaughn Walker confirmed the plaintiffs' position on June 16, 2010 and declared the referendum to be unconstitutional and thus null and void. In the following appeal proceedings, the United States Court of Appeals suspended Walker's decision on August 16, 2010, but confirmed the unconstitutionality of the referendum on February 7, 2012. The unsuccessful party applied for Certiorari to the United States Supreme Court on July 31, 2012 , which accepted the case on December 7, 2012.
On June 26, 2013, the Federal Supreme Court dismissed the appeals against the 2010 Federal Court ruling on formal grounds. The initiators of the referendum lack legal standing ; they are not entitled to appear as parties in the 2010 trial and defend Proposition 8 if the state of California does not want to defend the law. It remains with the repeal of Proposition 8 . Just two days later, the federal appeals court reinstated Walker's 2010 ruling, allowing same-sex couples to marry again. An hour later the first couples were married. This makes California the 13th of the 50 US states in which same-sex couples can get married.
Cultural processing
- Documentary 8: The Mormon Proposition (2010) by Reed Cowan and Steven Greenstreet discusses how Mormons work with the National Organization for Marriage (which operates primarily with Catholics) for discrimination against lesbian, gay, bisexual and transgender ( LGBT ) enter. The film exposes secret church documents and the large flow of money from Mormons to support Proposition 8. Mormons have invested $ 22 million in the campaign. The film also makes a statement that many homeless people in the Mormon state of Utah are LGBT youths who are rejected by their parents. The subject of homeless LGBT youth was the original starting point when the film was made.
- In the Perry v. Schwarzenegger , only a few “experts” were summoned to exonerate him. According to evangelical leader William Tam , same-sex marriage leads to polygamy, pedophiles, and incest. His professional competence on the topic was strongly questioned due to insufficient consideration of the topic. David Blankenhorn , founder and president of the Institute for American Values , is also in favor of the "sole marriage of man and woman", but had to admit in cross-examination under oath that recognition of same-sex partnerships had many positive effects on people who were already living in or in children's homes has living children.
A broadcast of the trial was prohibited on the initiative of opponents of same-sex marriage. Subsequent attempts to publish the video recordings of the proceedings in order to inform society about the events were also thrown out. The written negotiation minutes are public. Dustin Lance Black distilled the final statements into play 8 , which premiered on September 19, 2011 on Broadway in New York and was broadcast worldwide on March 3, 2012 from Los Angeles. These two premieres were very prominent with actors such as Christine Lahti , Kevin Bacon , Morgan Freeman , George Takei , Brad Pitt and George Clooney . The play can be used nationwide for performances and readings in colleges and amateur theaters ( community theater ) without license fees .
See also
Individual evidence
- ↑ Kate Folmar: Secretary of State Debra Bowen Certifies Eighth Measure for November 4, 2008, General Election. (PDF; 137 kB) California Secretary of State, June 2, 2008, archived from the original on September 10, 2008 ; Retrieved August 7, 2008 .
- ↑ Official Voter Guide. California Secretary of State, archived from the original on April 18, 2013 ; Retrieved March 26, 2013 .
- ^ California Same-Sex Marriage Initiative Campaigns Shatter Spending Records. US News & World Report, October 29, 2008, accessed October 29, 2008 .
- ^ McCain Supports Efforts to Ban Gay Marriage. US News & World Report, June 27, 2008, accessed September 1, 2008 .
- ^ Newt Gingrich: Stop Imperial Judges ... Support Proposition 8. Accessed October 1, 2008 .
- ^ Aurelio Rojas: Obama rejects proposed California gay marriage ban. In: Sacramento Bee. July 1, 2008, archived from the original on July 31, 2008 ; Retrieved August 13, 2008 .
- ^ Cathleen Decker: Times Poll: Californians narrowly reject gay marriage. In: Los Angeles Times. May 23, 2008, accessed August 1, 2008 .
- ↑ Statement of Vote: 2008 General Election. (PDF) California Secretary of State, December 3, 2008, archived from the original on October 18, 2012 ; Retrieved July 10, 2010 .
- ↑ Ronald M. George : Strauss v. Horton. (PDF; 495 kB) Supreme Court of California , May 26, 2009, accessed March 26, 2013 .
- ↑ SCOTUS: HOLLINGSWORTH ET AL. v. PERRY ET AL. No. 12–144 (PDF; 173 kB). Argued March 26, 2013 - Decided June 26, 2013
- ↑ Spiegel online: Equality: A court in California legalizes gay marriage , June 29, 2013
- ↑ Stephen Holden: Marching in the War on Gay Marriage . In: New York Times , June 18, 2010. Archived from the original on June 20, 2010. Retrieved June 21, 2010.
- ^ "8": A Play about the Fight for Marriage Equality on Youtube