California Proposition 8 (2008)

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Contents

Proposition 8 is a statewide ballot proposition in California. On November 4, 2008, voters approved the measure and made same-sex marriage illegal in California. The campaign over Proposition 8 was fiercely contested. In the aftermath of the vote, an intense focus on Proposition 8 has continued, with those who support same-sex marriage coming together every day since the election in rallies and protests.

Proposition 8 adds a new amendment to the California Constitution which says, "only marriage between a man and a woman is valid or recognized in California". Before it passed, same-sex marriage was a constitutionally-protected right in California; a majority of the justices of the California Supreme Court affirmed this understanding of the constitution in May 2008.

Three lawsuits seeking to invalidate Proposition 8 were filed soon after the election; on November 19, the California Supreme Court announced that it will consider these lawsuits. Proposition 8 will remain in force during this period of judicial review. Oral arguments in the case are expected to be heard in March 2009.[1],[2],[3],[4]

Proposition 8 received 52.5% of the vote in the state's unofficial vote canvass; the Secretary of State's office will not officially call the results of Prop 8 until December 13 after they have been able to count all absentee and provisional ballots.

The ballot title of Proposition 8 was Eliminates Right of Same-Sex Couples to Marry.[5].

Election results

California Proposition 8
Votes Percentage
Yes 5,782,670 52.2%
No 5,301,540 47.8%
Total votes 11,084,210 100%

Results according to the California Secretary of State[6]

Background

California first explicitly defined marriage as a state between a man and woman in 1977.[7] That year, the California State Legislature passed a law that said that marriage is a "personal relation arising out of a civil contract between a man and a woman". While no previous California legislation contained explicit language regarding sex or gender, California law prior to 1959 explicitly prohibited marriage between people of different races. Many other states prohibited interracial marriage until 1967, when the United States Supreme Court ruled this unconstitutional, in the case Loving v. Virginia. [8]

In 2000, voters passed ballot initiative Proposition 22 with a margin of 61%, which changed California Family Code to formally define marriage in California between a man and a woman. Prop. 22 was a statutory change via the initiative process, not a constitutional change via the initiative process.

In 2004, San Francisco Mayor Gavin Newsom performed same-sex marriages in his city, which were subsequently judicially annulled. This case, and some others, eventually led to a decision announced on May 15, 2008 of the California Supreme Court, which by a 4-3 vote struck down Proposition 22.[9]

Prior to the May 2008 state supreme court decision, opponents of same-sex marriage had already begun their efforts to qualify Prop. 8 for the ballot. Their reasoning at the time was that since Prop. 22 was only a statute, it was subject to judicial review in a way that an amendment to the constitution would not be.[10],[11],[12]

When supporters of Proposition 8 submitted their measure to the California Secretary of State in 2007 for permission to circulate, the ballot title that was given to it was the "California Marriage Protection Act." At that time, Proposition 22 was the governing law in the state with regard to gay marriage and the term "marriage protection" appears to have meant something like "adding additional protection to the idea of one man-one woman marriage by enshrining it in the constitution, not just as a statute". However, between the time that Prop. 8 got its original permission-to-circulate ballot title, and the time they turned in their signatures and became ballot certified, Prop. 22 no longer had any governing force.[13] After the proposition was certified for the ballot, the title and summary were revised by Attorney General Jerry Brown to more "accurately reflect the measure." (See Lawsuits, California Proposition 8 (2008)).

After the election

Lawsuits

For main article, see Lawsuits, California Proposition 8 (2008).

Several lawsuits seeking to invalidate Proposition 8 have been filed since the vote on November 4:

  • The American Civil Liberties Union, Lambda Legal and the National Center for Lesbian Rights filed a lawsuit the basis of which is that Proposition 8 is invalid because it represents a fundamental alteration of the California Constitution; the suit says that fundamental alterations cannot be accomplished through a popular vote on an initiative. This legal claim hinges on Article 18 of the constitution which says that it, the constitution, can be changed by amendment or by revision. "Amendments", according to Article 18, may be enacted by initiative with a majority vote, whereas "revisions" can only be enacted through a procedure that starts with the California State Legislature agreeing by a revision by a two-thirds vote in the legislature, followed by a statewide vote of the electorate. The lawsuit says that Prop 8, properly understood, is a "revision"; if the court agrees, then Prop 8 could be nullifed.[14],[15]
  • The governments of San Francisco, Los Angeles and Santa Clara County filed a petition to invalidate the amendment that argues, "Proposition 8 is invalid under the California Constitution because the initiative power does not permit voters to divest a politically unpopular group of rights conferred by the equal protection clause."[16]

Rallies protesting Prop. 8

In the first days after the vote on November 4, protests and rallies were held in Los Angeles, Long Beach, Oakland, Sacramento, San Diego, Palm Springs, and San Francisco. Several different protests have taken place in front of the Mormon temple in Los Angeles. The weekend of November 15-16, rallies and gatherings protesting Proposition 8 were held in many states around the country.[17]

Impact on married couples

Between June 15, 2008 and November 4, somewhere between 15,000-20,000 same-sex marriages took place in California. It is widely assumed--although not by everyone-- that these marriages remain valid in the wake of the victory of Proposition 8, because laws are generally not retroactive.[18]

One of the ballot arguments put forth by the "Yes on 8" campaign in the state's official voter guide says that Prop 8 means that the state can only recognize heterosexual marriages "regardless of when or where performed."

Stanford law Professor Jane Schacter believes the California Supreme Court--if it were asked to invalidate a marriage--would not revoke the right to marry retroactively. The reason for this is that the stable governments want people to be able to rely on contracts they enter into and if contracts are retroactively revoked, people lose their sense of the stability of laws, which is harmful. California's newly-married same-sex couples, for example, might have made major decisions such as adopting children, borrowing money or buying a home, relying on their marriage contract as part of the reason they were prepared to make these decisions.[19]

Expensive campaign

The campaign over Proposition 8 attracted very significant financial donations on both sides; by the time of the vote, over $70 million had been spent on the issue. Checks in the $1 million range were written to both campaigns from wealthy backers, and the campaigns also each had many tens of thousands of small donors. Of the 153 ballot measures on state ballots around the country, Prop 8 was the most expensive. It is also more expensive by far than any previous electoral contest over same-sex marriage.[20],[21],[22],[23],[24],[25],[26],[27]

Donors supporting Prop. 8

Some of the donors supporting Prop 8 were:

One group that opposed Proposition 8 focused attention on the contributions to the pro-Proposition 8 campaign from individuals who belong to the Mormon church. Contributions from Mormons were said to amount to between 33%-40% of the total amount raised in support of Proposition 8.[32]

Donors opposing Prop. 8

Some of the donors to the No on 8 campaign included:

  • Human Rights Campaign, $2,057,981.
  • Pacific Gas & Electric (PG&E), $250,000.[36]
  • Center Advocacy Project Issues PAC, $234,000.
  • Los Angeles Gay & Lesbian Service Center, $225,000.
  • National Gay & Lesbian Task Force, about $215,200.
  • GLAAD, $100,000.
  • Horizons Foundation, $100,000.[37],[38]

Supporters of the amendment

Some teachers in Orange County are bucking the state-wide teacher's union stance and endorsing Prop 8. [42]

Dennis Hollingsworth, Gail J. Knight, Martin F. Gutierrez, Hak-Shing William Tam, and Mark A. Jansson filed the wording for the initiative with the Secretary of State. The National Organization for Marriage and Focus on the Family are national organizations that support the initiative and are helping to fund it.[43]

The Church of Jesus Christ of Latter-day Saints (the "Mormons") supported efforts to pass the measure; in June, Mormon church leaders made an appeal to members of the church by letter--asking them to support it with their time and money. In October, through a private sattelite broadcast to church buildings, members were encouraged, on their own time, to man phone banks, distribute campaign materials, blog, sent text messages, and intensifie voter registration efforts.[44],[45] The Mormon faithful, as has been widely noted, are credited with donating millions of dollars as private citizens to the passage of Proposition 8, but the church itself did not make any donations outside of some legally reimbursable "in-kind" expenses amounting to $2,078.97[46].

The Union of Orthodox Jewish Congregations of America, the largest Orthodox umbrella group nationally, said in late August it would support the passage of Prop. 8.[47] Well-known evangelical minister Rick Warren endorsed Proposition 8 in late October.[48]

Arguments in favor of Prop. 8

Notable arguments in favor of Prop. 8 include:

  • It protects the free expression of religion, as supporters of Proposition 8 were worried that Gay Rights advocates were not affording them the same courtesy--to live and believe as they please--as the Gay and Lesbian community was/is demanding.[49][50]
  • Supporters of Proposition 8 says that their support of Proposition 8 is not based on an attack on the gay lifestyle, but is rather their effort to preserve what they hold as core values surrounding a vision of traditional marriage.
  • "It overturns the decision of four activist Supreme Court judges in ruling unconstitutional a ballot initiative previously approved by the people."
  • "It protects our children from being taught in public schools that “same-sex marriage” is as legitimate as marriage between two people of opposite genders."[51],[52]
  • "Proposition 8 will protect religious universities, adoption providers, psychologists, doctors, and photographers from prosecution for denying services to same-sex couples for any reason, including their religious convictions." [53]
  • See California Proposition 8 videos

Opposition to Proposition 8

Eight different organizations have formally filed as opposition groups with the California Secretary of State. [54],[55],[56],[57], [58],[59],[60],[61],[62],[63]

Notable opposition groups include Let California Ring, Equality for All, Equality California, the Equality California Issues PAC and the Human Rights Campaign,[64]. Gov. Arnold Schwarzenegger believes that the amendment is "a waste of time." In an April 11 appearance before the Log Cabin Republicans, Schwarzenegger said, "I think we need a constitutional amendment so that foreign-born citizens can run for president, but not about gay marriage."[65]

Arguments against Prop. 8

Notable arguments against Prop. 8 include:

  • "Our California Constitution--the law of our land---should guarantee the same freedoms and right to everyone. No one group should be singled out to be treated differently."
  • "Equal protection under the law is the foundation of American society."
  • "Traditional Marriage" is a misleading term. Various marriage traditions, since abolished, have included: only allowing members of the upper class or nobility to marry; having marriages arranged by families without the couple's consent; only allowing white people to marry; only allowing people of the same race to marry; and allowing one man to marry multiple women.
  • Current statistics show roughly 50% of heterosexual marriages end in divorce. So-called "traditional marriage" is doing more to degrade the institutional of marriage than any expansion of marriage could ever do.
  • Voter initiatives to amend the constitutional should not be taken lightly; using them to take away rights from one group could open the door to voter initiatives to take away other rights, including religious freedoms and civil rights.
  • The institution of marriage conveys dignity and respect to the lifetime commitment that a couple makes. Proposition 8 would deny lesbian and gay couples the opportunity to that same dignity and respect.
  • "The freedom to marry is fundamental to our society, just like the freedoms of religion and speech."
  • When domestic partnerships are held out as an acceptable substitute for marriage, this is misleading. Domestic partnerships are not a substitute for marriage.[66] The doctrine of "separate but equal" has been failed throughout American history.
  • See California Proposition 8 videos


Celebrities

Celebrities who are opposing Proposition 8 include:

  • Steven Spielberg
  • Kate Capshaw
  • Brad Pitt[67]
  • Ellen Degeneres[68]
  • Molly Ringwald[69]

Disputed impact on public education

Supporters of Prop. 8 say that unless it passes, gay marriage will be taught in public schools. This is the theme of a television ad in heavy rotation on California's airwaves, and the Associated Press is reporting on October 22 that the issue has emerged as the leading focus of the campaign.[72],[73]

Frank Schubert, Prop. 8's campaign manager emphasized this argument in September when a group of 1st grade students from the Creative Arts Charter School in San Francisco went on an excursion to see their lesbian teacher marry her partner in a wedding performed by Mayor Gavin Newsom, in an excursion that was organized by the students' parents (not the teacher or the school). This event energized the supporters of Prop. 8, with Mr. Schubert saying that the field trip proves that their concern has been valididated that unless Prop 8 is passed, gay marriage will be added to public school education. "We are already seeing that happen", he says.

Opponents of Proposition 8 responded to this theme being raised in the campaign by:

  • Saying there is no mention of schools or curriculum in the language of the proposition; the proposition is about marriage rights, not public education.
  • Statements from public education officials that this outcome is unlikely.

Subsequently, supporters of Prop. 8 in speeches and press releases asserted that what they believe will happen (and don't want to happen) is governed by California's Education Code (EC) 51933. This code is said by them to specify that while a school district is not required to provide comprehensive sexual health education, if it chooses to do so, it is required to comply with all of the code's requirements, one of which includes 'teach[ing] respect for marriage and committed relationships.' Prop 8 supporters then argue that according to a document, Sex Education in California Public Schools, 96 percent of California school districts currently provide comprehensive sexual health education. As a result, Prop. 8 supporters believe that 96 percent of the school districts will either teach about gay marriage in schools, or stop teaching comprehensive sexual health education. Prop. 8 supporters join to this their further assessment that school districts are unlikely to stop teaching comprehensive sexual education. [74]

Massachusetts lawsuit

Same-sex couples have been married since 2004 in Massachusetts. Subsequent to the decision of the Massachusetts Supreme Court in favor of same-sex marriage, a teacher in Lexington, Massachusetts read a book, "King & King", to her second-grade students that includes a story line about two princes marrying.[75]

The parents of one of the children in that second grade objected, and filed a federal lawsuit against the school district which asserted, in part, that the motivation of the teacher who read the book was "for the express purpose of indoctrinating them into the concept that homosexuality and marriage between same-sex partners is moral."

The federal lawsuit was dismissed and in October 2008, the U.S. Supreme Court declined to hear an appeal of the lower court's dismissal.

Supporters of Prop. 8 are communicating about this Massachusetts case both to their supporters and to undecided voters in a new television ad that features the Massachusetts parents. Campaign materials indicate that they see the Massachusetts event as validating their claim that unless gay marriage is expressly forbidden in the California constitution, events similar to what happened in Massachusetts will happen in California.[76] Opponents of Prop. 8 point out that unlike Massachusetts' education code, California's gives parents the absolute right to opt their child out of any lessons related to family, health, or sexual education. According to a recent survey about 40 percent of public schools had "Improper parental notification policies." [77] Opponents argue that the Massachusetts case is not really relevant, while proponents point out that relevant or not, California courts have already ruled that parental rights "end at the schoolhouse" and there is no guarantee that they, as parents, will be informed about school policies.[78][79]

30-second ads not adequate

The Los Angeles Times argues that the truth about these questions "is slightly more complicated than can be captured in the 30-second television advertisements put out by both sides."

Reporter Jessica Garrison of that paper writes:

  • "There is nothing in the state education code that requires schools to teach anything about marriage. Even the decision about whether to offer comprehensive sex education is left up to individual school districts."
  • "What state law does require is that districts that offer sex education 'teach respect for marriage and committed relationships.'"

Hilary McLean, press secretary for Jack O'Connell, head of the California Department of Education, says that the Pro-8 ad is "unnecessarily and irresponsibly alarmist."[80]

Role of Prop 8 in presidential race

Shortly after Prop. 8 qualified for the fall ballot, presidential candidates Barack Obama and John McCain aligned themselves on opposite sides of the issue, with Obama opposing and McCain supporting it. A reporter for the San Francisco Chronicle described this as "a move that puts gay rights front and center in the 2008 presidential campaign".[81],[82]

Obama's statement on the matter said that he opposes "the divisive and discriminatory efforts to amend the California Constitution", while McCain told the group that worked to put the measure on the ballot that he agrees with their idea of recognizing "marriage as a unique institution between a man and a woman."

Does it matter?

A burst of punditry in late July speculated that getting Proposition 8 on the ballot was part of an organized effort on the part of conservatives to give presidential candidate John McCain a leg up in November voting. A ballot initiative on which people have pronounced, strong opinions can have an effect on other races on the ballot, it is said, because:

  • Some people who come to the polls to vote for a ballot initiative on which they have a strong opinion, and who otherwise would not have bothered to come out to vote, will stay and pull the lever in some other races.
  • Candidates can tap into public sentiment that coalesces around much-talked-of ballot propositions in order to support their own campaign themes and messages.
  • Supporters of a candidate who have maxed out on their legally-allowable campaign contribution limits to a candidate committee can donate much higher dollar amounts to ballot campaign committees, to the extent that they think this will help their favored candidate for one of the above two reasons, who would not otherwise particularly care about the ballot proposition itself.[83],[84],[85],[86]

Catch-22?

Opponents of Proposition 8 told the New York Times in late September that there is a concern that high voter turn-out among black voters who come to the polls in California to vote for Obama could help the "Yes on 8" side if a significant percentage of those black voters then go on to cast a down-ballot vote in favor of Proposition 8.

This concern is based on the observation that higher percentages of black voters may be "traditionally conservative on issues involving homosexuality".[87]

Supporters of 8 say they are, in fact, banking on a high turnout in the November election among black and conservative Latino voters. Frank Shorter, co-campaign manager for the pro-8 effort, told the New York Times, "here’s no question African-American and Latino voters are among our strongest supporters. And to the extent that they are motivated to get to the polls, whether by this issue or by Barack Obama, it helps us."

Anti-8 campaigners are responding to this situation--which Andrea Shorter calls a "Catch-22"--by recruiting black gay couples as spokespeople and reaching out to black pastors.[88]

Polling information

See also Polls, 2008 ballot measures.

The Public Policy Institute of California released a new poll late on October 22 based on a survey of 1,186 likely voters who were contacted between October 12-19.[89]

Month of Poll Polling company In Favor Opposed Undecided
May 2008 Field 40 percent 54 percent 6 percent
July 2008 Field 42 percent 51 percent 7 percent[90],[91]
August 2008 PPIC 40 percent 54 percent 6 percent[92]
Sept. 2008 Field 38 percent 55 percent 7 percent[93],[94]
Sept. 2008 SurveyUSA 44 percent 49 percent 7 percent[95]
Sept. 2008 PPIC 41 percent 55 percent 4 percent[96]
Oct. 2008 Internal polling, "No on 8" 47 percent 42 percent 11 percent[97]
Oct 4-5, 2008 CBS News/SurveyUSA 47 percent 42 percent 11 percent[98]
Oct 15-16, 2008 SurveyUSA 48 percent 45 percent 7 percent[99]
October 12-19 PPIC 44 percent 52 percent 6 percent[100]
October 18-28 Field 44 percent 49 percent 7 percent[101]
Nov. 1-2 SurveyUSA 47 percent 50 percent 3 percent[102]

Theories for poll movement

What explains late September polls showing a gain in support for Proposition 8? The main theory for this is the possible impact of an advertising push by the National Organization for Marriage that shows footage of San Francisco mayor Gavin Newsome saying same-sex marriage is here "whether you like it or not." Another ad refers to "activist judges" with regard to the 4-3 decision in May 2008 of the California Supreme Court in In re Marriage Cases which nullified Proposition 22.[103]

National pundit Andrew Sullivan has dubbed this the Newsom Effect.[104]

Asian-American sentiment

A poll done by the National Asian American Survey and released on October 15 found that 57% of likely Asian-American voters in the state are opposed to Proposition 8, 32% support it and 11% are undecided. Asian Americans represent approximately 14% of California's population.[105]

Demographics

Although overall polling for Proposition 8 shows a close race, within subgroups there are some large differences in sentiment, based on a poll conducted between October 18-28 by the Field Poll.[106]

Group  % Yes  % No
Obama voters 21 73
McCain voters 84 13
Identify as non-partisan 31 60
Female voters 42 51
Male voters 46 47
Voters over 65 62 32
Identify as conservative 87 10
Identify as liberal 10 86
Identify as moderate 40 51
Live in coastal counties 39 54
Live in inland counties 57 37
White non-Hispanic 44 50
Latino 46 48
African-American 49 43
Asian-American 41 51
High school education 62 27
Post-graduate education 33 61
Protestants 60 33
Catholics 44 48

Kristina Wilfore of the liberal Ballot Initiative Strategy Center told a reporter for TIME magazine that age demographics may help Prop 8 pass, since older voters are proportionally more in favor of it than younger voters. Wilfore told the reporter, "A lot of people are going to have to die" before those supporting gay marriage will have any easy time of it at the polls.[107]

Path to the ballot

694,354 valid signatures were required to qualify the measure for the ballot. The initiative's supporters announced on April 24 that they had collected and turned in for verification about 1.1 million signatures. In June, the California Secretary of State announced that the measure was qualified and would appear on the November ballot.[108]

The petition drive to qualify the measure for the ballot was conducted by Bader & Associates at a cost of $882,900.[109]

A lawsuit filed by opponents to remove Proposition 8 from the ballot failed. See Lawsuits, California Proposition 8.

Boycott

For main article, see Boycotts related to California Proposition 8.

Ballot title and language lawsuits

For main article, see Lawsuits, California Proposition 8 (2008).

In addition to a lawsuit seeking to strike Proposition 8 from the ballot, the measure was also at the center of a ballot title lawsuit and a lawsuit about what arguments could be included in the official voter's guide. Supporters of the measure lost their lawsuit seeking to have California Attorney General Jerry Brown use the ballot title under which the petition was originally circulated, prior to the California's May 2008 ruling legalizing same-sex marriage. Opponents of Proposition 8 partly lost and partly won a lawsuit seeking to have an argument about schoolchildren being taught gay marriage removed from the official ballot booklet.

External links

Basic information

Support websites

Opposition websites

References

  1. Mercury News, "California Supreme Court to decide fate of Prop. 8 same-sex marriage ban", November 19, 2008
  2. New York Times, "Top Court in California Will Review Proposition 8", November 19, 2008
  3. Sacramento Bee, "Proposition 8 opponents seek to invalidate measure", November 5, 2008
  4. San Francisco Chronicle, "Same-sex marriage backers hit Capitol, churches", November 10, 2008
  5. California Secretary of State Proposition 8 Text of Proposed Law
  6. Election results from the Secretary of State for Proposition 12
  7. Same-sex marriage in California
  8. "Interracial Marriage and Gay Marriage - Historic Parallels"
  9. "Text of the Supreme Court Ruling"
  10. Groups jousting over gay rights in California, SignOnSanDiego.com, Nov. 12, 2007
  11. Protect Marriage, Why do we now need to amend the state constitution?
  12. Text of decision invalidating Prop. 22
  13. Secretary of State Debra Bowen Certifies Eighth Measure for November 4, 2008, General Election
  14. Desert Sun, "Lawsuits could mount in Prop 8 battle", November 6, 2008
  15. Los Angeles Times, "The law and Prop. 8", November 10, 2008
  16. Pasadena Star News, "Prop. 8 spawns slew of lawsuits", November 5, 2008
  17. Sacramento Bee, "Thousands at Capitol rally back continuing fight against Prop. 8", November 10, 2008
  18. Los Angeles Times, "How would Prop. 8 affect married same-sex couples?", October 28, 2008
  19. San Francisco Chronicle, "If Prop. 8 passes, what about those who wed?", November 1, 2008
  20. Mercury News, "Prop. 8: Money pours in to oppose same-sex marriage ban", October 15, 2008
  21. Los Angeles Times, "Proposition 8; Tracking The Money". This is a frequently updated resouce for donation levels from both sides.
  22. Jurist", "California marriage battle sets fundraising records", October 27, 2008
  23. Boston Globe, Money pours into Calif. gay marriage campaigns, June 30, 2008
  24. Contributions to Yes on 8 pouring in
  25. Los Angeles Times, "Steven Spielberg and Kate Capshaw donate big to stop California's marriage initiative", September 24, 2008
  26. San Francisco Chronicle, "Prop. 8 battle draws in $46 million", October 8, 2008
  27. International Herald Tribune, "Facts about California's initiative process"
  28. Catholics united for California marriage vote, Knights give $1M
  29. California Same-Sex Marriage Initiative Campaigns Shatter Spending Records
  30. Donatons to NOM-California
  31. Hyatt Hotel Owner Donated $125,000 to Stop Gay Marriage
  32. California religious leaders push for gay marriage ban
  33. Los Angeles Times, "Funding for California ballot initiatives flows in from out of state", August 1, 2008
  34. Los Angeles Times, "Teachers union donates $1 million to oppose Proposition 8"
  35. California Same-Sex Marriage Initiative Campaigns Shatter Spending Records
  36. PG&E joins fight against Prop 8
  37. List of donors to Equality California Marriage PAC
  38. List of donors to Equality for All
  39. "Apple", "No on Prop 8"
  40. "San Jose Mercury News", "Google co-founders Brin and Page among large donors to campaign to defeat Prop. 8"
  41. "Official Google Blog", "Our position on California's No on 8 campaign"
  42. O.C. teachers push for Prop. 8, reject state union's stand, OC Register, October 31, 2008
  43. Protect Marriage, List of initiative supporters
  44. LDS Church taking position on gay marriage
  45. Associated Press, "Mormons renew calls for Calif. gay marriage ban", October 9, 2008
  46. Records: Mormon church contributed to proposition
  47. The Jewish Daily Forward, "Orthodox Join Fight Against Gay Nuptials", August 28, 2008
  48. Huffington Post, "Rick Warren and Prop 8; He knows better"
  49. Palm Springs Prop 8 Rally Turns Ugly
  50. Traditional marriage group steps up for Prop. 8
  51. Arguments in favor of 8 from the California voter's guide
  52. Appeal Democrat, "Yuba board backs 8", October 8, 2008
  53. [1]
  54. Equality for All campaign information
  55. Equality California Marriage PAC
  56. [Equality California Marriage PAC]
  57. No on Prop 8, ACLU
  58. Human Rights Campaign, No on Prop 8
  59. Human Rights Campaign, No on Prop 8
  60. No on 8, National Center for Lesbian Rights
  61. Californians against discrimination
  62. GLBT alliance of Santa Cruz County
  63. Task Force California, Sponsored by the National Gay and Lesbian Task Force Foundation/Action Fund
  64. Bay Area Report, Big bucks seen in amendment battle, May 1, 2008
  65. Christian Examiner, Signature drive meets goal as Gov. Schwarzenegger chides effort for marriage amendment, May 2008
  66. Arguments against 8 from the California voter's guide
  67. Brad Pitt donates $100,000 to fight gay marriage ban
  68. Degeneres speaks against gay marriage ban
  69. "Molly Ringwald supports gay marriage"
  70. Associated Press, "Hollywood comes out in support of gay marriage", October 22, 2008
  71. Chicago Sun Times, "Celebrities come out in support of gay marriage", October 25, 2008
  72. [The "It's already happened" campaign video for Proposition 8 which says "teaching children about gay marriage will happen here"
  73. Associated Press, "Public schools become focus of gay marriage ban", October 22, 2008
  74. California Department of Education website
  75. Amazon.com listing for King & King
  76. Proposition 8: Who's really lying? A campaign press release put out by Prop 8 supporters
  77. A survey by an outside source.
  78. http://www.noonprop8.com/about/fact-vs-fiction
  79. Parents need empowerment in education
  80. Mercury News, "Questions raised over Yes on Prop. 8 ads", October 18, 2008
  81. FOX News, Obama opposes California ballot measure seeking constitutional ban on same-sex marriage, July 1, 2008
  82. San Francisco Chronicle, Obama opposes California same-sex marriage ban, which McCain supports, July 1, 2008
  83. GOP suffering from lack of (ballot) initiative, Los Angeles Times, July 29, 2008
  84. This year's ballot initiatives
  85. Social issues crowd state ballots
  86. To defeat Obama, conservatives take the initiative
  87. CBS News, "Gay marriage ban supporters thank Obama", October 5, 2008
  88. New York Times, "Same-Sex Marriage Ban Is Tied to Obama Factor", September 20, 2008
  89. Wall Street Journal, "Gay marriage in peril in California", October 22, 2008
  90. Foxbusiness, "Field Poll Understates Support for Proposition 8", July 18, 2008
  91. San Diego Union-Tribune, "Measure to prohibit gay unions is trailing", July 18, 2008
  92. Poll: California voters oppose ban on gay marriage, August 28, 2008
  93. San Diego Tribune, "Opposition to Prop. 8 up to 55%, poll shows", September 18, 2008
  94. The September 2008 Field Poll on Proposition 8
  95. Survey USA election poll conducted for CBS 5, KABC, KPIX, KGTV and KFSN
  96. San Francisco Chronicle, "Poll: Same-sex marriage ban not wooing voters", September 25, 2008
  97. San Francisco Chronicle, "Prop. 8 battle draws in $46 million", October 8, 2008
  98. cbs5.com', "Young Voters Lead Prop 8 Support Shift", October 6, 2008
  99. Survey USA "Results of SurveyUSA Election Poll #14613"
  100. PPIC Statewide Survey: Californians and their government, released October 22, 2008
  101. Field Poll for the Sacramento Bee, October 31, 2008
  102. Sacramento Bee's Capitol Alert, "Survey says: New polling on Props. 4, 8, 11 and Obama-McCain", November 3, 2008
  103. Wall Street Journal, "California Pops the Question", October 12, 2008
  104. The Atlantic Monthly: Andrew Sullivan's Blog, "The Newsom Effect", October 20, 2008
  105. KTVU-TV, "Poll Finds Majority of Asian-Americans Oppose Proposition 8"
  106. Field Poll for the Sacramento Bee, October 31, 2008
  107. TIME, "California and beyond", October 21, 2008
  108. Protect Marriage, Marriage amendment heads to the ballot, April 24, 2008
  109. Campaign expenditure details

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