One reason that Prop 8 was upheld by the Supreme Court while Proposition 22 was not rests in the fact that Proposition 22 was only a statute while Prop 8 was an amendment to the state constitution. Statutes do not have the same weight as constitutional amendments - which would arguably be a reason to overturn Prop 8 all the more.
But in this instance, the court saw it as a reason to uphold the will of the voters. Once Prop 8 had been upheld by the state courts, two same-sex couples filed a lawsuit against Prop 8 in the U.
In August of , Chief Judge Vaughn Walker ruled that the amendment was unconstitutional under both the Due Process and Equal Protection Clauses of the Fourteenth Amendment, since it removed rights from a disfavored class with no rational basis.
The state government supported the ruling and refused to defend the law. The ruling was stayed pending appeal by advocates of Prop 8. In , the Ninth Circuit Court of Appeals, in a decision, reached the same conclusion as the district court, but on different, narrower grounds. The court ruled that it was unconstitutional for California to grant marriage rights to same-sex couples, only to take them away shortly after.
This ruling was then stayed pending appeal by Prop 8's advocates to the U. On June 26, , the U. Supreme Court issued its decision in Hollingsworth v. Please join us in voting NO on Prop. In , the state adopted a statute that defined marriage as a "personal relation arising out of a civil contract between a man and a woman. The California Supreme Court ruled that same-sex marriage was legal under the California Constitution on May 15, Many historical marriage and family-related ballot measures regard the definition of legal marriage.
The first constitutional prohibition was in , and the latest one occurred in May All bans on same-sex marriage were overturned in the United States Supreme Court case Obergefell v. The Public Policy Institute of California released a poll in December that surveyed 2, voters brtween November 5—16 on Proposition 8.
Of the sample polled, the following were how various groups voted: [30]. In California, the number of signatures required for an initiated constitutional amendment is equal to 8 percent of the votes cast at the preceding gubernatorial election.
For initiated amendments filed in , at least , valid signatures were required. What's on my ballot? Elections in How to vote How to run for office Ballot measures. Who represents me? President U. Ballotpedia features , encyclopedic articles written and curated by our professional staff of editors, writers, and researchers.
Click here to contact our editorial staff, and click here to report an error. Click here to contact us for media inquiries, and please donate here to support our continued expansion. Share this page Follow Ballotpedia. What's on your ballot? Jump to: navigation , search. YES on Proposition 8 does three simple things: It restores the definition of marriage to what the vast majority of California voters already approved and human history has understood marriage to be.
California California ballot measures California ballot measure laws. News and analysis Ballot measure lawsuits Ballot measure readability Ballot measure polls. Any inconsistencies are attributable to the original source. The court held that supporters of the ballot initiative—who stepped in to defend Prop 8 when California officials refused to do so—did not have the legal right to be in court. The ruling leaves in place a lower-court decision that struck down the law.
Same-sex marriage will most likely resume in California, but the timing is unclear. Chief Justice John Roberts writing for said, "petitioners did not have standing to appeal the District Court's order. We decline to do so for the first time here. Because petitioners have not satisfied their burden to demonstrate standing to appeal the judgment of the District Court, the Ninth Circuit was without jurisdiction to consider the appeal.
Kennedy wrote a dissent and said, "In the end, what the Court fails to grasp or accept is the basic premise of the initiative process. And it is this. The essence of democracy is that the right to make law rests in the people and flows to the government, not the other way around. Voting YES protects our children.
In fact, local school districts and parents—not the state—develop health education programs for their schools. Think about it. They accompany them into ambulances or hospital rooms, and help make life-and-death decisions, with no questions asked. Regardless of how you feel about this issue, we should guarantee the same fundamental freedoms to every Californian.
That's unfair. In fact, our nation was founded on the principle that all people should be treated equally. Marriage is the institution that conveys dignity and respect to the lifetime commitment of any couple. Regardless of how you feel about this issue, the freedom to marry is fundamental to our society, just like the freedoms of religion and speech.
In fact, the government has no business telling people who can and cannot get married. Just like government has no business telling us what to read, watch on TV, or do in our private lives. Those committed and loving couples who want to accept the responsibility that comes with marriage should be treated like everyone else.
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