Post-election events of Proposition 8 (2008)
Encyclopedia
Proposition 8 is a ballot proposition
and constitutional amendment
passed in the November 2008, state elections
. Due to the nature and controversy surrounding the initiative, several important post-election events occurred that sought to overturn the proposition through civil disobedience
or through the judicial system.
A constitutional amendment passed by the electorate takes effect the day after the election. On the evening of November 4 the "Yes on 8" campaign issued a statement by Ron Prentice, the chairman of ProtectMarriage.com
, saying "The people of California stood up for traditional marriage and reclaimed this great institution." The organizers of the "No on Prop 8" campaign issued a statement on November 6 saying "Tuesday’s vote was deeply disappointing to all who believe in equal treatment under the law." The cities of Los Angeles
, San Francisco, Yolo
, Kern
, Santa Barbara
, San Luis Obispo
, Sonoma, San Diego
, San Bernardino
, Sacramento
, and Tuolumne
stopped issuing marriage license
s to same-sex couples the day after the election.
Following the passage of Proposition 8, mass protests took place across the state. These included protests outside a temple
of The Church of Jesus Christ of Latter-day Saints in Westwood, Los Angeles
; a march through Hollywood that blocked traffic and elicited police intervention; and a candlelight vigil
in front of the Sacramento
Gay and Lesbian Center.
On Sunday November 9 an estimated crowd of 4,000 people protested in front of the California State Capitol. In San Francisco, thousands gathered in front of the City Hall to protest the proposition and to perform a candlelit vigil. Speakers who voiced their opinion in opposition of Proposition 8 included state senator Mark Leno
and mayor Gavin Newsom
.
Outside California, a protest at the headquarters of The Church of Jesus Christ of Latter-day Saints in Salt Lake City, Utah
was addressed by local gay rights
supporters including former Salt Lake City Mayor Rocky Anderson
and three gay members of the Utah Legislature: Senator Scott McCoy
and Representatives Christine Johnson
and Jackie Biskupski
. On November 12, 2008, more than 10,000 protesters gathered outside the Manhattan New York Temple
to protest the support of The Church of Jesus Christ of Latter-day Saints for Proposition 8. On November 15, 2008, tens of thousands of people in cities around the United States participated in rallies to protest the passage of Proposition 8 and to promote the expansion of civil marriage to same-sex couples throughout the nation.
On November 7, 2008, a blog
ger revealed that Scott Eckern, then Artistic Director
of California Musical Theatre
, made a personal donation of $1,000 to the "Yes on 8" campaign. All campaign contributions of $1,000 or more required a name, home and occupation be listed. On November 10, gay artists called for a boycott of California Musical Theatre. On November 11, Eckern issued an apology on the online site Playbill that stated that a similar donation was made to a Human Rights
organization that includes gay rights as one of its causes. On November 12, Eckern resigned from California Musical Theatre. Executive producer
of the CMT Richard Lewis stated that Eckern was not forced to resign but did so of his own accord.
Richard Raddon, Director of the Los Angeles Film Festival
, also resigned due to boycotts by the gay community
.
To protest the passage of Proposition 8, musical theatre
composer Marc Shaiman
wrote a satiric mini-musical called "Prop 8 — The Musical". The 3-minute video was distributed on the internet at FunnyOrDie.com
. The cast includes Jack Black
(who plays Jesus
), Nicole Parker
, Neil Patrick Harris
, John C. Reilly
, Allison Janney
, Andy Richter
, Maya Rudolph
, Margaret Cho
, Rashida Jones
, Kathy Najimy
, Sarah Chalke
, Jennifer Lewis, John Hill
and other celebrities. It was directed by Adam Shankman
. The video satirizes Christian churches
that selectively pick and choose
biblical doctrines to follow. It received 1.2 million internet hits in its first day, was nominated for the Webby Award category Comedy: Individual Short or Episode, and won a GLAAD media award.
Protests in California were marred by racial incidents. Due to their support of Proposition 8, reported as high as 70 percent, some African Americans attending events were allegedly subjected to racial epithets and felt threatened. California Assembly Speaker Karen Bass
stated she was disturbed by the treatment of African Americans in the aftermath of the passage of the proposition.
In reaction to the racial incidents, Evan Wolfson
said, "In any fight, there will be people who say things they shouldn't say, but that shouldn't divert attention from what the vast majority are saying against this, that it's a terrible injustice."
that campaign finance
reports filed by The Church of Jesus Christ of Latter-day Saints under-reported its actual Proposition 8 campaign expenses as $2,078.97. Karger charged that the Church's failure to report "non-monetary contributions" placed it in violation of California's Political Reform Act
. Church spokesman Scott Trotter denied the charges, saying the church had "fully complied with the reporting requirements" and a "further report will be filed on or before[...the] due date, Jan. 30, 2009."
In a report filed with the California Secretary of State's office January 30, 2009, the LDS Church reported its non-monetary expenditures as $189,903.58. On January 31, the San Francisco Chronicle
stated, "While the deadline for the report, which covers the period from July 1 to Dec. 31, is[February 2] , many campaign contributions by major donors and independent committees must be reported within days after they're made." The article further stated that the executive director of the FPPC stated that the LDS church was still under investigation, and "In general, however, 'cases like these hinge over what had to be reported and when it had to be reported.' A late report covering disputed filings 'wouldn't remove the obligation to file on time' but would be considered by investigators."
The Boston Herald
reported on February 2, 2009:
In a statement issued February 2, 2009, the LDS Church responded to "erroneous news reports", saying its subsequent disclosure was "in no way prompted by an investigation by the California Fair Political Practices Commission," that "We believe we have complied with California law," and that the report's filing date met the January 31, 2009 deadline.
On January 7, 2009, supporters of Proposition 8 filed a federal lawsuit to block public disclosure of their donations. Alleging threats against their lives as well as other forms of harassment, the lawsuit also requested a preliminary injunction
that ordered the California Secretary of State to remove information about donations posted on its website. Opponents of Proposition 8 called it "hypocritical" that its supporters would refer to their support of the measure as the "will of the people" while seeking to overturn voter-approved campaign disclosure laws. U.S. District Judge
Morrison England, Jr. denied that request on January 29; he said that the public had the right to know about donors of political causes, that he did not agree that the plaintiffs had a probability of success in court, and that they had not proven they would suffer "irreparable injury" if he did not grant the preliminary injunction.
After the passage of Proposition 8, a number of lawsuits were filed by against the state and state officials with the intent of overturning the measure and arguing that Proposition 8 should not have retroactive effect on existing same-sex marriages. On November 13, 2008, the California Supreme Court asked California Attorney General Jerry Brown
for an opinion on whether the Court should accept these cases for review and whether the measure should be suspended while they decide the case. On November 19, the Court accepted three lawsuits challenging Proposition 8 but denied the requests to stay its enforcement. The Court asked for final briefs by January 5, 2009. Oral argument
s were held on March 5, 2009.
On Tuesday May 26 the court ruled that "The Amendment to the State Constitution referred to as Proposition 8 is valid and enforceable from the moment it was passed." The court also held that "Proposition 8 must be understood as creating a limited exception to the state equal protection clause." Justice Moreno in his lone dissenting opinion, argued that such a change to the Constitution should only be implemented "by a constitutional revision to modify the equal protection clause to protect some, rather than all, similarly situated persons" and not by a simple majority vote.
The Court did rule that their decision cannot be applied to retroactively annul marriages that were transacted while the practice was legal in the state of California. Proposition 8 has no retroactive
effect. The California Supreme Court ruled unanimously on May 26, 2009, that the approximately 18,000 same-sex marriage
s that had occurred prior to Proposition 8's passage would still be valid and must continue to be recognized in the state, since the amendment does not state explicitly that it would nullify the same-sex marriage
s performed before it took effect.
Later legislation clarified that same-sex couples who married out-of-state within the window of legality would also retain their legal marriage rights. The bill was signed by Governor Arnold Schwarzenegger
on October 11, 2009.
, in Orange County
. In the case, Smelt v. United States of America, the couple argued that Proposition 8 and the Federal Defense of Marriage Act violated the Equal Protection Clause
of the American constitution. The United States Justice Department filed a motion to dismiss
the case because the "plaintiffs are married, and their challenge to the federal Defense of Marriage Act
("DOMA") poses a different set of questions." On July 15, 2009, District Judge
Carter dismissed the part of Smelt that challenged Proposition 8, finding that the fact that the plaintiffs were already legally married in California meant they had no standing to challenge Proposition 8. The challenge to the Defense of Marriage Act, however, remained intact. The remainder of the case was heard on August 3, 2009, in an Orange County district court. The lawsuit was thrown out because the two men had filed suit against the federal government in a state court, a technicality which meant the suit needed to be re-filed.
(AFER) filed suit in U.S. District Court for the Northern District of California to challenge the validity of Proposition 8. Lambda Legal
, the ACLU, and the National Center for Lesbian Rights
have since announced their support for the lawsuit. San Francisco filed a motion to and was granted intervenor status in the case, saying that their work in In re Marriage Cases
and Strauss v. Horton provided them with "extensive evidence and proposed findings on strict scrutiny
factors and factual rebuttals to long claimed justifications for marriage discrimination".
California Attorney General Jerry Brown
backed the lawsuit, saying that Proposition 8 violates the U.S. Constitution and should be struck down. Governor Arnold Schwarzenegger
took a more neutral path, saying that he supported the lawsuit because the Proposition 8 conflict asks "important constitutional questions that require and warrant judicial determination." Because this means that the Californian government will not defend the law in court, the proponents of Proposition 8's campaign were granted the right to intervene as defendants. The case was first heard on July 2, 2009, in the United States District Court for the Northern District of California
in San Francisco, Judge Vaughn R. Walker
presiding.
In an act unprecedented in California history both the Governor and Attorney General refused to defend a constitutional amendment.http://www.sacbee.com/2010/12/06/3235672/live-from-san-francisco-its-proposition.html
In August, Judge Walker heard further requests for intervenor status and ordered a trial set for January 2010.
On August 4, 2010, U.S. District Chief Judge Vaughn R. Walker ruled Proposition 8 unconstitutional, but at the same time temporarily provided for a suspension of the ruling while he considered whether to grant an indefinite suspension pending appeal. Walker lifted the stay on August 12, 2010, thus allowing same-sex marriages to be performed as of August 18, 2010
On August 16, 2010, the United States Court of Appeals for the Ninth Circuit
imposed a stay of all new same-sex marriages in the State of California. It also scheduled an accelerated time table for hearing an appeal of Judge Walker's ruling. Before the appeal trial begins, there will be a December 6, 2010 hearing on who has legal standing to appeal the District Court's decision and whether the proposition violates equal protection rights.
's office, requesting a title and summary. The text of the ballot would repeal Article I; Section 7.5 of the Californian Constitution as well as clarifying that no school curriculum will be changed and no clergy
will be forced to perform any "service or duty incongruent with their faith". Yes! on Equality had until August 17, 2009, to gather 694,354 signatures in order to qualify for the June 2010 ballot, A petition for initiative for the November 2010 ballot also failed to obtain enough signatures.
Several LGBT groups of color (including API Equality-LA, HONOR PAC, and the Jordan/Rustin Coalition) published a statement "Prepare to Prevail," in which they argue that the ballot repeal effort should be delayed until 2012.
California ballot proposition
In California, a ballot proposition is a proposed law that is submitted to the electorate for approval in a direct vote . It may take the form of a constitutional amendment or an ordinary statute. A ballot proposition may be proposed by the State Legislature or by a petition signed by members of...
and constitutional amendment
Constitutional amendment
A constitutional amendment is a formal change to the text of the written constitution of a nation or state.Most constitutions require that amendments cannot be enacted unless they have passed a special procedure that is more stringent than that required of ordinary legislation...
passed in the November 2008, state elections
California state elections, November 2008
The California state elections, November 2008 were held on November 4, 2008 throughout California. Among the elections taking place were those for the office of President of the United States, all the seats of California's delegation to the House of Representatives, all of the seats of the State...
. Due to the nature and controversy surrounding the initiative, several important post-election events occurred that sought to overturn the proposition through civil disobedience
Civil disobedience
Civil disobedience is the active, professed refusal to obey certain laws, demands, and commands of a government, or of an occupying international power. Civil disobedience is commonly, though not always, defined as being nonviolent resistance. It is one form of civil resistance...
or through the judicial system.
A constitutional amendment passed by the electorate takes effect the day after the election. On the evening of November 4 the "Yes on 8" campaign issued a statement by Ron Prentice, the chairman of ProtectMarriage.com
ProtectMarriage.com
ProtectMarriage.com is a coalition of conservative and religious American political activist groups aligned against same-sex marriage. The coalition's stated goal is to "defend and restore the definition of marriage as between a man and a woman." Beginning in 2001 as Proposition 22 Legal Defense...
, saying "The people of California stood up for traditional marriage and reclaimed this great institution." The organizers of the "No on Prop 8" campaign issued a statement on November 6 saying "Tuesday’s vote was deeply disappointing to all who believe in equal treatment under the law." The cities of Los Angeles
Los Angeles County, California
Los Angeles County is a county in the U.S. state of California. As of 2010 U.S. Census, the county had a population of 9,818,605, making it the most populous county in the United States. Los Angeles County alone is more populous than 42 individual U.S. states...
, San Francisco, Yolo
Yolo County, California
Yolo County is a county located in the northern part of the U.S. state of California, bordered by the other counties of Sacramento, Solano, Napa, Lake, Colusa, and Sutter. The city of Woodland is its county seat, though Davis is its largest city....
, Kern
Kern County, California
Spreading across the southern end of the California Central Valley, Kern County is the fifth-largest county by population in California. Its economy is heavily linked to agriculture and to petroleum extraction, and there is a strong aviation and space presence. Politically, it has generally...
, Santa Barbara
Santa Barbara County, California
Santa Barbara County is a county located in the southern portion of the U.S. state of California, on the Pacific coast. As of 2010 the county had a population of 423,895. The county seat is Santa Barbara and the largest city is Santa Maria.-History:...
, San Luis Obispo
San Luis Obispo County, California
San Luis Obispo County is a county located along the Pacific Ocean in the Central Coast of the U.S. state of California, between Los Angeles and the San Francisco Bay Area. As of the 2010 census its population was 269,637, up from 246,681 at the 2000 census...
, Sonoma, San Diego
San Diego County, California
San Diego County is a large county located in the southwestern corner of the US state of California. Hence, San Diego County is also located in the southwestern corner of the 48 contiguous United States. Its county seat and largest city is San Diego. Its population was about 2,813,835 in the 2000...
, San Bernardino
San Bernardino County, California
San Bernardino County is a county in the U.S. state of California. As of the 2010 census, the population was 2,035,210, up from 1,709,434 as of the 2000 census...
, Sacramento
Sacramento County, California
Sacramento County is a county in the U.S. state of California. Its county seat is Sacramento, which is also the state capital. As of 2010 the county had a population of 1,418,788....
, and Tuolumne
Tuolumne County, California
Tuolumne County is a county in the Sierra Nevada of the U.S. state of California. The northern half of Yosemite National Park is located in the eastern part of the county. As of the 2010 census, the population was 55,365, up from 54,501 at the 2000 census...
stopped issuing marriage license
Marriage license
A marriage license is a document issued, either by a church or state authority, authorizing a couple to marry. The procedure for obtaining a license varies between countries and has changed over time...
s to same-sex couples the day after the election.
Protests
Temple (LDS Church)
In The Church of Jesus Christ of Latter-day Saints , a temple is a building dedicated to be a House of the Lord, and they are considered by Church members to be the most sacred structures on earth. Upon completion, temples are usually open to the public for a short period of time...
of The Church of Jesus Christ of Latter-day Saints in Westwood, Los Angeles
Westwood, Los Angeles, California
Westwood is a neighborhood on the Westside of Los Angeles, California, United States. It is the home of the University of California, Los Angeles .-History:...
; a march through Hollywood that blocked traffic and elicited police intervention; and a candlelight vigil
Candlelight vigil
A candlelight vigil is an outdoor assembly of people carrying candles, held after sunset. Such events are typically held either to protest the suffering of some marginalized group of people, or in memory of lives lost to some disease, disaster, massacre or other tragedy. In the latter case, the...
in front of the Sacramento
Sacramento
Sacramento is the capital of the state of California, in the United States of America.Sacramento may also refer to:- United States :*Sacramento County, California*Sacramento, Kentucky*Sacramento – San Joaquin River Delta...
Gay and Lesbian Center.
On Sunday November 9 an estimated crowd of 4,000 people protested in front of the California State Capitol. In San Francisco, thousands gathered in front of the City Hall to protest the proposition and to perform a candlelit vigil. Speakers who voiced their opinion in opposition of Proposition 8 included state senator Mark Leno
Mark Leno
Mark Leno is an American politician, representing California's 3rd Senate district, which includes parts of San Francisco and Sonoma County, as well as the entirety of Marin County. He was elected in 2008 and is the first openly gay man to serve in the Senate...
and mayor Gavin Newsom
Gavin Newsom
Gavin Christopher Newsom is an American politician who is the 49th and current Lieutenant Governor of California. Previously, he was the 42nd Mayor of San Francisco, and was elected in 2003 to succeed Willie Brown, becoming San Francisco's youngest mayor in 100 years. Newsom was re-elected in 2007...
.
Outside California, a protest at the headquarters of The Church of Jesus Christ of Latter-day Saints in Salt Lake City, Utah
Utah
Utah is a state in the Western United States. It was the 45th state to join the Union, on January 4, 1896. Approximately 80% of Utah's 2,763,885 people live along the Wasatch Front, centering on Salt Lake City. This leaves vast expanses of the state nearly uninhabited, making the population the...
was addressed by local gay rights
LGBT social movements
Lesbian, gay, bisexual, and transgender social movements share inter-related goals of social acceptance of sexual and gender minorities. Lesbian, gay, bisexual, and transgender people and their allies have a long history of campaigning for what is generally called LGBT rights, also called gay...
supporters including former Salt Lake City Mayor Rocky Anderson
Rocky Anderson
Ross C. "Rocky" Anderson served two terms as the 33rd mayor of Salt Lake City, Utah, between 2000 and 2008. He is the Executive Director of High Road for Human Rights...
and three gay members of the Utah Legislature: Senator Scott McCoy
Scott McCoy
Scott Daniel McCoy is an American politician and attorney from Utah. A Democrat, he is a former member of the Utah State Senate, where he represented the state's 2nd senate district which comprises portions of Salt Lake City...
and Representatives Christine Johnson
Christine Johnson
Christine Johnson is the name of:*Christine Johnson , member of the Utah House of Representatives*Christine Johnson , actress and vocalist of the 1940s-See also:...
and Jackie Biskupski
Jackie Biskupski
Jackie Biskupski is a former member of the Utah House of Representatives, representing the 30th District in Salt Lake County from 1999 to 2011. She resigned in June 2011 when she moved out of the district.-Early life and career:...
. On November 12, 2008, more than 10,000 protesters gathered outside the Manhattan New York Temple
Manhattan New York Temple
The Manhattan New York Temple is the 119th operating temple of The Church of Jesus Christ of Latter-day Saints . It is the second "high rise" LDS temple to be constructed, after the Hong Kong China Temple, and the third LDS temple converted from an existing building...
to protest the support of The Church of Jesus Christ of Latter-day Saints for Proposition 8. On November 15, 2008, tens of thousands of people in cities around the United States participated in rallies to protest the passage of Proposition 8 and to promote the expansion of civil marriage to same-sex couples throughout the nation.
On November 7, 2008, a blog
Blog
A blog is a type of website or part of a website supposed to be updated with new content from time to time. Blogs are usually maintained by an individual with regular entries of commentary, descriptions of events, or other material such as graphics or video. Entries are commonly displayed in...
ger revealed that Scott Eckern, then Artistic Director
Artistic director
An artistic director is the executive of an arts organization, particularly in a theatre company, that handles the organization's artistic direction. He or she is generally a producer and director, but not in the sense of a mogul, since the organization is generally a non-profit organization...
of California Musical Theatre
California Musical Theatre
California Musical Theatre is the largest nonprofit arts organization in the state of California and the city of Sacramento's oldest professional performing arts organization...
, made a personal donation of $1,000 to the "Yes on 8" campaign. All campaign contributions of $1,000 or more required a name, home and occupation be listed. On November 10, gay artists called for a boycott of California Musical Theatre. On November 11, Eckern issued an apology on the online site Playbill that stated that a similar donation was made to a Human Rights
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
organization that includes gay rights as one of its causes. On November 12, Eckern resigned from California Musical Theatre. Executive producer
Executive producer
An executive producer is a producer who is not involved in any technical aspects of the film making or music process, but who is still responsible for the overall production...
of the CMT Richard Lewis stated that Eckern was not forced to resign but did so of his own accord.
Richard Raddon, Director of the Los Angeles Film Festival
Los Angeles Film Festival
The Los Angeles Film Festival, presented by the Los Angeles Times is an event held annually in June in downtown Los Angeles, California. The Los Angeles Film Festival began as the Los Angeles Independent Film Festival in 1995. The first LAIFF took place over the course of five days in a single...
, also resigned due to boycotts by the gay community
Gay community
The gay community, or LGBT community, is a loosely defined grouping of LGBT and LGBT-supportive people, organizations and subcultures, united by a common culture and civil rights movements. These communities generally celebrate pride, diversity, individuality, and sexuality...
.
To protest the passage of Proposition 8, musical theatre
Musical theatre
Musical theatre is a form of theatre combining songs, spoken dialogue, acting, and dance. The emotional content of the piece – humor, pathos, love, anger – as well as the story itself, is communicated through the words, music, movement and technical aspects of the entertainment as an...
composer Marc Shaiman
Marc Shaiman
Marc Shaiman is an American composer, lyricist, arranger, and performer for films, television, and theatre. He is perhaps best known for writing the music and co-writing the lyrics for the Broadway musical version of the cult John Waters film Hairspray, for which Shaiman won Tony and Grammy...
wrote a satiric mini-musical called "Prop 8 — The Musical". The 3-minute video was distributed on the internet at FunnyOrDie.com
Funny or Die
Funny or Die is a comedy video website founded by Will Ferrell and Adam McKay's production company, Gary Sanchez Productions with original and user-generated content. Funny or Die contains exclusive material from a number of famous contributors and also has its own Funny or Die Team, which creates...
. The cast includes Jack Black
Jack Black
Jack Black , is an American actor and musician, notably of Tenacious D.Jack Black may also refer to:* Jack Black , late 19th - early 20th Century author and hobo* Jack Black , drummer for 1970s UK punk band The Boys...
(who plays Jesus
Jesus
Jesus of Nazareth , commonly referred to as Jesus Christ or simply as Jesus or Christ, is the central figure of Christianity...
), Nicole Parker
Nicole Parker
Nicole Frances Parker is an Emmy Award-winning actress and singer best known for her work on Fox's sketch comedy show MADtv. In July 2009, she concluded her run as Elphaba in the Broadway production of Wicked...
, Neil Patrick Harris
Neil Patrick Harris
Neil Patrick Harris is an American actor, singer, director, and magician.Prominent roles of his career include the title role in Doogie Howser, M.D., Colonel Carl Jenkins in Starship Troopers, the womanizing Barney Stinson in How I Met Your Mother, a fictionalized version of himself in the Harold...
, John C. Reilly
John C. Reilly
John Christopher Reilly, Jr. is an American film and theater actor, singer, and comedian. Debuting in Casualties of War in 1989, he is one of several actors whose careers were launched by Brian De Palma. To date, he has appeared in more than fifty films, including three separate films in 2002...
, Allison Janney
Allison Janney
Allison Brooks Janney is an American actress, best known for her role as C.J. Cregg on the television series The West Wing.- Personal life :...
, Andy Richter
Andy Richter
Paul Andrew "Andy" Richter is an American actor, writer, comedian, and late night talk show announcer. He is best known for his role as the sidekick of Conan O'Brien on each of the host's programs: Late Night and The Tonight Show on NBC, and Conan on TBS...
, Maya Rudolph
Maya Rudolph
Maya Khabira Rudolph is an American actress, comedienne and singer known for her comedic roles as a cast member on Saturday Night Live from 2000 to 2007, and for appearing in films such as Away We Go, Bridesmaids, Grown Ups, A Prairie Home Companion and MacGruber...
, Margaret Cho
Margaret Cho
Margaret Cho is an American comedian, fashion designer, actress, author, and recording artist. Cho is best known for her stand-up routines, through which she critiques social and political problems, especially those pertaining to race and sexuality. She has also directed and appeared in music...
, Rashida Jones
Rashida Jones
Rashida Leah Jones is an American film and television actress, comic book author, screenwriter and occasional singer. She played Louisa Fenn on Boston Public and Karen Filippelli on The Office as well as roles in the films I Love You, Man and The Social Network...
, Kathy Najimy
Kathy Najimy
Kathy Ann Najimy is an American actress, most notable as Olive Massery on the television series Veronica's Closet, Sister Mary Patrick in Sister Act and the voice of Peggy Hill on the animated television series King of the Hill. Prior to her film work, she was best known for two Off Broadway shows...
, Sarah Chalke
Sarah Chalke
Sarah Chalke is a Canadian-American actress known for portraying Dr. Elliot Reid on the NBC/ABC comedy Scrubs, "Second Becky" Conner Healy on Roseanne, and Stella Zinman in the CBS sitcom How I Met Your Mother...
, Jennifer Lewis, John Hill
John Hill (actor)
John Hill is an American Musical Theater actor who is most well known for his role of Jason McConnell in the Off-Broadway run of Bare, a Pop Opera. He also developed a following on his former website "John Hill Online" with his videos entitled "Johnny and Kooks." Which were comedic videos he made...
and other celebrities. It was directed by Adam Shankman
Adam Shankman
Adam Michael Shankman is an American film director, producer, dancer, actor, and choreographer. He has been a judge on the television program So You Think You Can Dance since Season 3. He began his professional career in musical theater, and was a dancer in music videos for Paula Abdul and Janet...
. The video satirizes Christian churches
Christian Church
The Christian Church is the assembly or association of followers of Jesus Christ. The Greek term ἐκκλησία that in its appearances in the New Testament is usually translated as "church" basically means "assembly"...
that selectively pick and choose
Cafeteria Christianity
"Cafeteria Christianity" is a derogatory term used by some Christians, and others, to accuse other Christian individuals or denominations of selecting which Christian doctrines they will follow, and which they will not.-First use in print:...
biblical doctrines to follow. It received 1.2 million internet hits in its first day, was nominated for the Webby Award category Comedy: Individual Short or Episode, and won a GLAAD media award.
Protests in California were marred by racial incidents. Due to their support of Proposition 8, reported as high as 70 percent, some African Americans attending events were allegedly subjected to racial epithets and felt threatened. California Assembly Speaker Karen Bass
Karen Bass
Karen Ruth Bass is the U.S. Representative for . She is a member of the Democratic Party. Prior to her election to Congress in 2010, she had served as a member of the California State Assembly representing the 47th district since 2004...
stated she was disturbed by the treatment of African Americans in the aftermath of the passage of the proposition.
In reaction to the racial incidents, Evan Wolfson
Evan Wolfson
Evan Wolfson is an American civil rights attorney and advocate. He is founder and executive director of Freedom to Marry, a group favoring same-sex marriage in the United States...
said, "In any fight, there will be people who say things they shouldn't say, but that shouldn't divert attention from what the vast majority are saying against this, that it's a terrible injustice."
Controversies about campaign financing and donations
On November 13, 2008, Fred Karger of the group Californians Against Hate filed a complaint with the California Fair Political Practices CommissionCalifornia Fair Political Practices Commission
SUMMARYThe California Fair Political Practices Commission is the government body that enforces political campaign, lobbying, and conflict of interest laws in the state of California, similar to what the Federal Elections Commission does at the federal level...
that campaign finance
Campaign finance
Campaign finance refers to all funds that are raised and spent in order to promote candidates, parties or policies in some sort of electoral contest. In modern democracies such funds are not necessarily devoted to election campaigns. Issue campaigns in referendums, party activities and party...
reports filed by The Church of Jesus Christ of Latter-day Saints under-reported its actual Proposition 8 campaign expenses as $2,078.97. Karger charged that the Church's failure to report "non-monetary contributions" placed it in violation of California's Political Reform Act
Reform Act
In the United Kingdom, Reform Act is a generic term used for legislation concerning electoral matters. It is most commonly used for laws passed to enfranchise new groups of voters and to redistribute seats in the British House of Commons...
. Church spokesman Scott Trotter denied the charges, saying the church had "fully complied with the reporting requirements" and a "further report will be filed on or before
In a report filed with the California Secretary of State's office January 30, 2009, the LDS Church reported its non-monetary expenditures as $189,903.58. On January 31, the San Francisco Chronicle
San Francisco Chronicle
thumb|right|upright|The Chronicle Building following the [[1906 San Francisco earthquake|1906 earthquake]] and fireThe San Francisco Chronicle is a newspaper serving primarily the San Francisco Bay Area of the U.S. state of California, but distributed throughout Northern and Central California,...
stated, "While the deadline for the report, which covers the period from July 1 to Dec. 31, is
The Boston Herald
Boston Herald
The Boston Herald is a daily newspaper that serves Boston, Massachusetts, United States, and its surrounding area. It was started in 1846 and is one of the oldest daily newspapers in the United States...
reported on February 2, 2009:
While many church members had donated directly to the Yes on 8 campaign—some estimates of Mormon giving range as high as $20 million—the church itself had previously reported little direct campaign activity.
But in the filing made Friday, the Mormon church reported thousands in travel expenses, such as airline ticketAirline ticketAn airline ticket is a document, issued by an airline or a travel agency, to confirm that an individual has purchased a seat on a flight on an aircraft. This document is then used to obtain a boarding pass, at the airport...
s, hotel rooms and car rentalCar rentalA car rental or car hire agency is a company that rents automobiles for short periods of time for a fee...
s for the campaign. The church also reported $96,849.31 worth of 'compensated staff time'—hours that church employees spent working to pass the same-sex marriage ban.
In a statement issued February 2, 2009, the LDS Church responded to "erroneous news reports", saying its subsequent disclosure was "in no way prompted by an investigation by the California Fair Political Practices Commission," that "We believe we have complied with California law," and that the report's filing date met the January 31, 2009 deadline.
The Church, like other organizations on both sides of the ballot issue, was required to publicly file these donations by the 31 January deadline. The Church has been filing required contribution reports throughout the campaign. Those earlier donations 'initially stated' were filed for specific time periods prior to this last reporting period, as required by law. Other groups are also filing their final contribution reports to meet the same deadline.
On January 7, 2009, supporters of Proposition 8 filed a federal lawsuit to block public disclosure of their donations. Alleging threats against their lives as well as other forms of harassment, the lawsuit also requested a preliminary injunction
Injunction
An injunction is an equitable remedy in the form of a court order that requires a party to do or refrain from doing certain acts. A party that fails to comply with an injunction faces criminal or civil penalties and may have to pay damages or accept sanctions...
that ordered the California Secretary of State to remove information about donations posted on its website. Opponents of Proposition 8 called it "hypocritical" that its supporters would refer to their support of the measure as the "will of the people" while seeking to overturn voter-approved campaign disclosure laws. U.S. District Judge
United States federal judge
In the United States, the title of federal judge usually means a judge appointed by the President of the United States and confirmed by the United States Senate in accordance with Article II of the United States Constitution....
Morrison England, Jr. denied that request on January 29; he said that the public had the right to know about donors of political causes, that he did not agree that the plaintiffs had a probability of success in court, and that they had not proven they would suffer "irreparable injury" if he did not grant the preliminary injunction.
California Supreme Court cases
Jerry Brown
Edmund Gerald "Jerry" Brown, Jr. is an American politician. Brown served as the 34th Governor of California , and is currently serving as the 39th California Governor...
for an opinion on whether the Court should accept these cases for review and whether the measure should be suspended while they decide the case. On November 19, the Court accepted three lawsuits challenging Proposition 8 but denied the requests to stay its enforcement. The Court asked for final briefs by January 5, 2009. Oral argument
Oral argument
Oral arguments are spoken presentations to a judge or appellate court by a lawyer of the legal reasons why they should prevail. Oral argument at the appellate level accompanies written briefs, which also advance the argument of each party in the legal dispute...
s were held on March 5, 2009.
On Tuesday May 26 the court ruled that "The Amendment to the State Constitution referred to as Proposition 8 is valid and enforceable from the moment it was passed." The court also held that "Proposition 8 must be understood as creating a limited exception to the state equal protection clause." Justice Moreno in his lone dissenting opinion, argued that such a change to the Constitution should only be implemented "by a constitutional revision to modify the equal protection clause to protect some, rather than all, similarly situated persons" and not by a simple majority vote.
The Court did rule that their decision cannot be applied to retroactively annul marriages that were transacted while the practice was legal in the state of California. Proposition 8 has no retroactive
Ex post facto law
An ex post facto law or retroactive law is a law that retroactively changes the legal consequences of actions committed or relationships that existed prior to the enactment of the law...
effect. The California Supreme Court ruled unanimously on May 26, 2009, that the approximately 18,000 same-sex marriage
Same-sex marriage
Same-sex marriage is marriage between two persons of the same biological sex or social gender. Supporters of legal recognition for same-sex marriage typically refer to such recognition as marriage equality....
s that had occurred prior to Proposition 8's passage would still be valid and must continue to be recognized in the state, since the amendment does not state explicitly that it would nullify the same-sex marriage
Same-sex marriage
Same-sex marriage is marriage between two persons of the same biological sex or social gender. Supporters of legal recognition for same-sex marriage typically refer to such recognition as marriage equality....
s performed before it took effect.
Later legislation clarified that same-sex couples who married out-of-state within the window of legality would also retain their legal marriage rights. The bill was signed by Governor Arnold Schwarzenegger
Arnold Schwarzenegger
Arnold Alois Schwarzenegger is an Austrian-American former professional bodybuilder, actor, businessman, investor, and politician. Schwarzenegger served as the 38th Governor of California from 2003 until 2011....
on October 11, 2009.
Smelt v. United States of America
Immediately following the passage of Proposition 8, Arthur Smelt and Christopher Hammer filed suit in the Southern Division of the United States District Court for the Central District of CaliforniaUnited States District Court for the Central District of California
The United States District Court for the Central District of California serves over 18 million people in southern and central California, making it the largest federal judicial district by population...
, in Orange County
Orange County, California
Orange County is a county in the U.S. state of California. Its county seat is Santa Ana. As of the 2010 census, its population was 3,010,232, up from 2,846,293 at the 2000 census, making it the third most populous county in California, behind Los Angeles County and San Diego County...
. In the case, Smelt v. United States of America, the couple argued that Proposition 8 and the Federal Defense of Marriage Act violated the Equal Protection Clause
Equal Protection Clause
The Equal Protection Clause, part of the Fourteenth Amendment to the United States Constitution, provides that "no state shall ... deny to any person within its jurisdiction the equal protection of the laws"...
of the American constitution. The United States Justice Department filed a motion to dismiss
Motion (legal)
In law, a motion is a procedural device to bring a limited, contested issue before a court for decision. A motion may be thought of as a request to the judge to make a decision about the case. Motions may be made at any point in administrative, criminal or civil proceedings, although that right is...
the case because the "plaintiffs are married, and their challenge to the federal Defense of Marriage Act
Defense of Marriage Act
The Defense of Marriage Act is a United States federal law whereby the federal government defines marriage as a legal union between one man and one woman. Under the law, no U.S. state may be required to recognize as a marriage a same-sex relationship considered a marriage in another state...
("DOMA") poses a different set of questions." On July 15, 2009, District Judge
United States federal judge
In the United States, the title of federal judge usually means a judge appointed by the President of the United States and confirmed by the United States Senate in accordance with Article II of the United States Constitution....
Carter dismissed the part of Smelt that challenged Proposition 8, finding that the fact that the plaintiffs were already legally married in California meant they had no standing to challenge Proposition 8. The challenge to the Defense of Marriage Act, however, remained intact. The remainder of the case was heard on August 3, 2009, in an Orange County district court. The lawsuit was thrown out because the two men had filed suit against the federal government in a state court, a technicality which meant the suit needed to be re-filed.
Perry v. Schwarzenegger
On the day of Strauss v. Hortons decision, the American Foundation for Equal RightsAmerican Foundation for Equal Rights
The American Foundation for Equal Rights is a nonprofit organization created to support the plaintiffs in Perry v. Schwarzenegger, a federal lawsuit to overturn Proposition 8 in California. AFER retained former U.S. Solicitor General Theodore Olson and David Boies The American Foundation for Equal...
(AFER) filed suit in U.S. District Court for the Northern District of California to challenge the validity of Proposition 8. Lambda Legal
Lambda Legal
Lambda Legal is an American civil rights organization that focuses on lesbian, gay, bisexual, transgender communities as well as people living with HIV/AIDS through impact litigation, education, and public policy work.Lambda's founder William J. Thom, Esq...
, the ACLU, and the National Center for Lesbian Rights
National Center for Lesbian Rights
The National Center for Lesbian Rights is a national non-profit, public interest law firm that advocates for equitable public policies affecting the LGBT community, provides free legal assistance to LGBT clients and their legal advocates, and conducts community education on LGBT legal issues. It...
have since announced their support for the lawsuit. San Francisco filed a motion to and was granted intervenor status in the case, saying that their work in In re Marriage Cases
In re Marriage Cases
In re Marriage Cases 43 Cal.4th 757 [76 Cal.Rptr.3d 683, 183 P.3d 384], was a California Supreme Court case with the dual holding that "statutes that treat persons differently because of their sexual orientation should be subjected to strict scrutiny" and the existing "California legislative and...
and Strauss v. Horton provided them with "extensive evidence and proposed findings on strict scrutiny
Strict scrutiny
Strict scrutiny is the most stringent standard of judicial review used by United States courts. It is part of the hierarchy of standards that courts use to weigh the government's interest against a constitutional right or principle. The lesser standards are rational basis review and exacting or...
factors and factual rebuttals to long claimed justifications for marriage discrimination".
California Attorney General Jerry Brown
Jerry Brown
Edmund Gerald "Jerry" Brown, Jr. is an American politician. Brown served as the 34th Governor of California , and is currently serving as the 39th California Governor...
backed the lawsuit, saying that Proposition 8 violates the U.S. Constitution and should be struck down. Governor Arnold Schwarzenegger
Arnold Schwarzenegger
Arnold Alois Schwarzenegger is an Austrian-American former professional bodybuilder, actor, businessman, investor, and politician. Schwarzenegger served as the 38th Governor of California from 2003 until 2011....
took a more neutral path, saying that he supported the lawsuit because the Proposition 8 conflict asks "important constitutional questions that require and warrant judicial determination." Because this means that the Californian government will not defend the law in court, the proponents of Proposition 8's campaign were granted the right to intervene as defendants. The case was first heard on July 2, 2009, in the United States District Court for the Northern District of California
United States District Court for the Northern District of California
The United States District Court for the Northern District of California is the federal United States district court whose jurisdiction comprises following counties of California: Alameda, Contra Costa, Del Norte, Humboldt, Lake, Marin, Mendocino, Monterey, Napa, San Benito, San Francisco, San...
in San Francisco, Judge Vaughn R. Walker
Vaughn R. Walker
Vaughn R. Walker served as a district judge of the United States District Court for the Northern District of California from 1989 to 2011.-Biography:Walker was born in Watseka, Illinois, in 1944...
presiding.
In an act unprecedented in California history both the Governor and Attorney General refused to defend a constitutional amendment.http://www.sacbee.com/2010/12/06/3235672/live-from-san-francisco-its-proposition.html
In August, Judge Walker heard further requests for intervenor status and ordered a trial set for January 2010.
On August 4, 2010, U.S. District Chief Judge Vaughn R. Walker ruled Proposition 8 unconstitutional, but at the same time temporarily provided for a suspension of the ruling while he considered whether to grant an indefinite suspension pending appeal. Walker lifted the stay on August 12, 2010, thus allowing same-sex marriages to be performed as of August 18, 2010
On August 16, 2010, the United States Court of Appeals for the Ninth Circuit
United States Court of Appeals for the Ninth Circuit
The United States Court of Appeals for the Ninth Circuit is a U.S. federal court with appellate jurisdiction over the district courts in the following districts:* District of Alaska* District of Arizona...
imposed a stay of all new same-sex marriages in the State of California. It also scheduled an accelerated time table for hearing an appeal of Judge Walker's ruling. Before the appeal trial begins, there will be a December 6, 2010 hearing on who has legal standing to appeal the District Court's decision and whether the proposition violates equal protection rights.
Ballot repeal effort
On April 30, 2009, the members of 'Yes! on Equality' submitted a ballot initiative dubbed "California Marriage Equality Act" to the Attorney GeneralCalifornia Attorney General
The California Attorney General is the State Attorney General of California. The officer's duty is to ensure that "the laws of the state are uniformly and adequately enforced" The Attorney General carries out the responsibilities of the office through the California Department of Justice.The...
's office, requesting a title and summary. The text of the ballot would repeal Article I; Section 7.5 of the Californian Constitution as well as clarifying that no school curriculum will be changed and no clergy
Clergy
Clergy is the generic term used to describe the formal religious leadership within a given religion. A clergyman, churchman or cleric is a member of the clergy, especially one who is a priest, preacher, pastor, or other religious professional....
will be forced to perform any "service or duty incongruent with their faith". Yes! on Equality had until August 17, 2009, to gather 694,354 signatures in order to qualify for the June 2010 ballot, A petition for initiative for the November 2010 ballot also failed to obtain enough signatures.
Several LGBT groups of color (including API Equality-LA, HONOR PAC, and the Jordan/Rustin Coalition) published a statement "Prepare to Prevail," in which they argue that the ballot repeal effort should be delayed until 2012.
External links
- ProtectMarriage.com: Organizational sponsor of Proposition 8
- No On Prop. 8: Organizational opponent to Proposition 8
- California Official Voter Information Guide on Proposition 8, Title and summary, analysis, arguments and rebuttals, and the text of the proposition.
- Scan of Initiative from California Attorney GeneralCalifornia Attorney GeneralThe California Attorney General is the State Attorney General of California. The officer's duty is to ensure that "the laws of the state are uniformly and adequately enforced" The Attorney General carries out the responsibilities of the office through the California Department of Justice.The...
website - Analysis of California Propsition 8 Exit Poll Data: Statistics based prediction that Proposition 8 can be overturned if put to a vote in 2012
- Federal Judge Strikes Down Prop 8 - video report by Democracy Now!Democracy Now!Democracy Now! and its staff have received several journalism awards, including the Gracie Award from American Women in Radio & Television; the George Polk Award for its 1998 radio documentary Drilling and Killing: Chevron and Nigeria's Oil Dictatorship, on the Chevron Corporation and the deaths of...