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2008 California Proposition 8

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"Proposition 8" and "California Proposition 8" redirect here. For other uses, see Proposition 8 (disambiguation).

Proposition 8 was a California ballot proposition in the November 4, 2008, general election. It changed the state Constitution to restrict the definition of marriage to opposite-sex couples and eliminated same-sex couples' right to marry, thereby overriding portions of the ruling of In re Marriage Cases.[1] The measure added a new section (7.5) to Article I, which reads: Only marriage between a man and a woman is valid or recognized in California.[2][3][4] California's State Constitution put the measure into immediate effect on November 5, the day after the election.[5] The proposition did not affect domestic partnerships in California.

The campaigns for and against Proposition 8 raised $35.8 million and $37.6 million, respectively, becoming the highest-funded campaign on any state ballot that day and surpassing every campaign in the country in spending except the presidential contest. The proponents argued for exclusively heterosexual marriage and claimed that failure to reverse a California Supreme Court ruling from May 2008 (In re Marriage Cases) that recognized a right of same-sex couples to marry would damage society, require changes to what was taught in schools about marriage, and threaten the free exercise of religion. The opponents argued that eliminating the rights of any Californian and mandating that one group of people be treated differently from everyone else was unfair and wrong (see Equal Protection Clause).

After the election, demonstrations and protests occurred across the state and nation. Numerous lawsuits were filed with the California Supreme Court by same-sex couples and government entities, challenging the proposition's validity and effect on previously administered same-sex marriages. The court is expected to rule on the suits sometime in 2009.[6]

History of the ballot initiative

See also: History of Marriage in California

In order to qualify for the ballot, Proposition 8 needed 694,354 valid petition signatures, equal to 8% of the total votes cast for governor in the November 2006 General Election. The initiative proponents submitted 1,120,801 signatures, and on June 2, 2008, the initiative qualified for the November 4, 2008 election ballot through the random sample signature check.[7]

Changes to ballot title and summary

During the initiative process, the measure was known by three different titles: a proposed title, a circulating title and a ballot title. The title, as initially proposed by the measure's proponents, was "The California Marriage Protection Act." In November 2007, the Office of the California Attorney General prepared its "circulating title and summary"—that is, the title and summary to be used on the initiative's signature petition—in accordance with California Election Code § 9002, 9004.[8] Its circulating title was "Limit on Marriage. Constitutional Amendment"[9] and the summary stated that the measure "amends the California Constitution to provide that only marriage between a man and a woman is valid or recognized in California."

After the California Supreme Court issued its May 2008 In re Marriage Cases ruling, which found laws excluding same-sex couples from marriage to be unconstitutional, the Office of the California Secretary of State certified the measure for the November 4, 2008 election, leaving intact its circulating title and summary.[7]

Upon certification, it was sent back to the Attorney General's office in accordance with California Election Code § 9051[10] for preparation of a "ballot title and summary" to be used on the ballot and in the official voter guide. Thus, the measure's third, and final, title became "Eliminates Rights of Same-Sex Couples to Marry. Initiative Constitutional Amendment." The ballot summary read that the measure "changes the California Constitution to eliminate the right of same-sex couples to marry in California".[11][12]

Proponents of the measure objected to the wording of the ballot title and summary on the grounds that they were argumentative and prejudicial. The resulting legal petition Jansson v. Bowen[13] was dismissed August 7, 2008 by California Superior Court Judge Timothy M. Frawley, who ruled that "the title and summary includes an essentially verbatim recital of the text of the measure itself",[14] and that the change was valid because the measure did, in fact, eliminate a right upheld by the California Supreme Court.

California Attorney General Jerry Brown explained that the changes were required to more "accurately reflect the measure" in light of the California Supreme Court's intervening In re Marriage Cases decision.[15]

Petition to remove proposition from ballot

Further information: California Constitution § Amendments and revisions

On July 16, 2008, the California Supreme Court denied a petition calling for the removal of Proposition 8 from the November ballot. The petition asserted the proposition should not be on the ballot on the grounds it was a constitutional revision that only the Legislature or a constitutional convention could place before voters. Opponents also argued that the petitions circulated to qualify the measure for the ballot inaccurately summarized its effect. The court denied the petition without comment.[16] As a general rule, it is improper for courts to adjudicate pre-election challenges to a measure's substantive validity.[17] The question of whether Proposition 8 is a constitutional amendment or constitutional revision remains unresolved, and a new petition arguing that Proposition 8 is a revision was filed by civil rights groups on November 5, 2008.[18]

Challenge to revised title and summary

On July 22, 2008, Proposition 8 supporters mounted a legal challenge to the revised ballot title and summary, contending that Attorney General Brown had inserted "inflammatory" language that would "unduly prejudice voters against" Proposition 8.[19] Supporters claimed that research showed that an attorney general had never used an active verb like “eliminates” in the title of a ballot measure in the past fifty years in which ballot measures have been used.[20] Representatives of the Attorney General produced twelve examples of ballot measures using the word "eliminates" and vouched for the neutrality and accuracy of the ballot language.[21][22]

On August 8, 2008, the California Superior Court turned down the legal challenge, affirming the new title and summary, stating, "[t]he title and summary is not false or misleading because it states that Proposition 8 would 'eliminate the right of same-sex couples to marry' in California. The California Supreme Court unequivocally held that same-sex couples have a constitutional right to marry under the California Constitution."[23][15] That same day, proponents of Prop. 8 filed an emergency appeal with the state appeals court. The Court of Appeal denied their petition later that day and supporters did not seek a review by the Supreme Court of California.[24][25] The deadline for court action on the wording of ballot summaries and arguments in the voter pamphlet was August 11, 2008.[26]

Court-ordered rewording

While turning down the challenge to the title and summary, the California Superior Court also found that the Yes on 8 campaign had overstated its ballot argument on the measure's impact on public schools and ordered a minor change in wording. The original arguments included a claim that the Supreme Court's legalization of same-sex marriage requires teachers to tell their students, as young as kindergarten age, that same-sex marriage is the same as opposite-sex marriage. The court said the Yes on 8 argument was false because instruction on marriage is not required and parents can withdraw their children. The court said the ballot argument could be preserved by rewording it to state that teachers "may" or "could" be required to tell children there is no difference between same-sex and opposite-sex marriage.[23]

Campaign

Campaign spending

By Election Day, volunteers on both sides spent thousands of hours getting their messages across to the state's 17.3 million registered voters.[27][28] The campaigns for and against Proposition 8 raised $35.8 million and $37.6 million, respectively.[29] Contributions totaled over $73 million from over 64,000 people in all fifty states and more than twenty foreign countries, setting a new record nationally for a social policy initiative and trumping every other race in the country in spending except the presidential contest.[30] Contributions were much greater than those of previous same-sex marriage initiatives. Between 2004 and 2006, 22 such measures were on ballots around the country, and donations to all of them combined totaled $31.4 million, according to the nonpartisan National Institute on Money in State Politics.[31]

ProtectMarriage.com reportedly sent letters requesting that previous contributors to Equality California make similar donations to ProtectMarriage.com, stating, "It is only fair for Proposition 8 supporters to know which companies and organizations oppose traditional marriage." A ProtectMarriage.com spokeswoman estimated that 36 companies were targeted for the letter.[32][33][34][35]

Proponents

Official ProtectMarriage.com "Yes on 8" campaign sign.[36]

The ProtectMarriage.com[37] organization sponsored the initiative that placed Proposition 8 on the ballot and continues to support the measure.

Political figures

Republican presidential nominee and U.S. Senator John McCain released a statement of support for the proposed constitutional amendment.[38] Former Speaker of the House Newt Gingrich released a video in support. Both characterized the court ruling requiring recognition of same sex marriage as being against the will of the people.[39] Other notable supporters include Republican State Senator Tom McClintock and 20 other Republican State Senators and Assemblymembers.[40]

Religious organizations

Rally for Yes on Prop 8 in Fresno.

The Roman Catholic Church,[41] as well as a Roman Catholic lay fraternal organization, the Knights of Columbus,[42] staunchly supported the measure. The bishops of the California Catholic Conference released a statement supporting the proposition.[43] This position of the church leadership met with mixed reactions among the rank-and-file membership. One priest in Fresno, Geoffrey Farrow, came out as a gay priest and told his parishioners to oppose Proposition 8. Farrow was promptly suspended from his duties by Bishop John Steinbock. Following the suspension, the bishops reiterated their position in a pastoral letter which was read aloud, prompting some parishioners to applaud, while others walked out of the church in protest.[44]

The Church of Jesus Christ of Latter-day Saints,[45][46][47][48] whose members are commonly known as Mormons, also publicly supported the proposition. The First Presidency of the church announced its support for Proposition 8 in a letter intended to be read in every congregation in California.[49] In this letter, church members were encouraged to "do all you can to support the proposed constitutional amendment by donating of your means and time." Media within the gay and lesbian community have reported that bishops and stake presidents set specific monetary goals for their membership, in order to fulfill this call.[50] The response of the LDS membership to their leadership's appeals to donate money and volunteer time was very supportive,[51][52] such that Latter-day Saints provided a significant source for financial donations in support of the proposition, both inside and outside the State of California.[53] About 45% of out-of-state contributions to ProtectMarriage.com came from Utah, over three times more than any other state.[54] ProtectMarriage, the official proponents of Proposition 8, estimate that about half the donations they received came from LDS sources, and that "eighty to ninety percent" of the early volunteers going door-to-door were LDS.[55]

Other religious organizations that supported Proposition 8 include the Union of Orthodox Jewish Congregations of America,[56] Eastern Orthodox Church,[57] a group of Evangelical Christians led by Jim Garlow and Miles McPherson,[58] American Family Association, Focus on the Family[59]and the National Organization for Marriage.[60] Rick Warren, pastor of Saddleback Church, also endorsed the measure.[61][62]

Others

The Grossmont Union High School District in San Diego County, California, publicly voted on a resolution endorsing Proposition 8. The Governing Board voted 4-0 to endorse the amendment of the California State Constitution.[63]

The Asian Heritage Coalition held a rally in support of Proposition 8 in downtown San Diego on October 19, 2008.[64]

Opponents

Official "Vote NO on Prop 8" logo.

Equality for All was the lead organization opposed to Proposition 8.[65] They also ran the NoOnProp8.com campaign.[66]

Political figures

While a Democratic presidential nominee and U.S. Senator, Barack Obama stated that he personally considers marriage to be between a man and woman,[67] and supports civil unions that confer comparable rights rather than gay marriage,[68] he stated that he opposed the proposition and other attempts to amend the federal and state constitutions.[69][70] Democratic vice-presidential candidate Joseph Biden opposed the proposition.[71] Republican California Governor Arnold Schwarzenegger stated that although he opposed and twice vetoed legislative bills that would recognize same sex marriage in California, he respects and will uphold the court's ruling and opposes the initiative and other attempts to amend the state's constitution.[72][73] The U.S. House Speaker, California Representative (8th District), Nancy Pelosi[74] along with twenty other members of the 53 member California congressional delegation and both of California's U.S. senators, Dianne Feinstein and Barbara Boxer, voiced their opposition to Proposition 8.[75] Also voicing their opposition was the Lieutenant Governor, State Controller John Chiang, 42 of 80 members of the state assembly, half of the state senators, and the mayors of San Francisco, Los Angeles, and San Diego: Gavin Newsom, Antonio Villaraigosa, and Jerry Sanders respectively.[76][77][78][79]

San Francisco Mayor Gavin Newsom speaks at an Anti-Proposition 8 Rally at Sproul Plaza.

Religious organizations

All six Episcopal diocesan bishops in California jointly issued a statement opposing Proposition 8 on September 10, 2008.[80] Southern California's largest collection of rabbis, the Board of Rabbis of Southern California, voted to oppose Proposition 8.[81] Other Jewish groups who opposed Proposition 8 include Jewish Mosaic,[82] the American Jewish Committee, Progressive Jewish Alliance, National Council of Jewish Women, and the Anti-Defamation League.[56][83] Los Angeles Jews were more opposed to Prop 8 than any other religious group or ethnic group in the city. Jewish Angelinos voted 78% against the ban while only 8% supported the ban; the remainder declined to respond.[84] The legislative ministry of the Unitarian Universalists opposed Proposition 8, and organized phone banks toward defeating the measure.[85]

Others

The nonpartisan League of Women Voters of California opposed Proposition 8 because "no person or group should suffer legal, economic or administrative discrimination."[86]

A coalition of Silicon Valley executives urged a 'No' vote on Proposition 8.[87] Google officially opposed Proposition 8 "as an issue of equality."[88] Apple Inc. also opposed Proposition 8 as a "fundamental" civil rights issue, and donated $100,000 to the No on 8 campaign.[89][90] Biotech leaders warned of potential damage to the state's $73 billion industry, citing Massachusetts as a top competitor for employees.[91] Many members of the entertainment industry were opposed to Proposition 8.[92]

The Los Angeles Unified School District Board of Education voted unanimously for a resolution to oppose Proposition 8.[93] The California Teachers Association donated one million dollars to fight Proposition 8.[94] Chancellor Robert Birgeneau of UC Berkeley urged a vote against the measure, claiming a likely threat to California's academic competitiveness if Proposition 8 is passed.[95]

All ten of the state's largest newspapers editorialized against Proposition 8: the Los Angeles Times,[96] the San Francisco Chronicle,[97] the San Diego Union-Tribune,[98] The Orange County Register,[99] The Sacramento Bee,[100] the San Jose Mercury News,[101] the Contra Costa Times,[102] The Press-Enterprise (Riverside-San Bernardino),[103] The Fresno Bee,[104] and the Daily News (Los Angeles).[105] Other papers to have editorialized in opposition include The New York Times,[106] La Opinión (Los Angeles),[107] and The Bakersfield Californian.[108]

Opinion polls

According to the director of The Field Poll, the discrepancy between the pre-election polls and ballot results is because "regular church-goers ... were more prone than other voters to be influenced by last-minute appeals to conform to orthodox church positions when voting on a progressive social issue like same-sex marriage."[109]

Date of opinion poll Conducted by Sample size
(likely voters) 		In favor Against Undecided Margin of Error
29–31 October 2008[110] SurveyUSA 637 47% 50% 3% ±4%
18–28 October 2008[111] The Field Poll 966 44% 49% 7% ±3.3%
12–19 October 2008[112] Public Policy Institute of California 1,186 44% 52% 4% ±3%
15–16 October 2008[113] SurveyUSA 615 48% 45% 7% ±4%
4–5 October 2008[114][115] SurveyUSA 670 47% 42% 10% ±3.9%
23–24 September 2008[116][117] SurveyUSA 661 44% 49% 8% ±3.9%
9–16 September 2008[118] Public Policy Institute of California 1,157 41% 55% 4% ±3%
5–14 September 2008[119] The Field Poll 830 38% 55% 7% ±3.5%
12–19 August 2008[120][121] Public Policy Institute of California 1,047 40% 54% 6% ±3%
8–14 July 2008[122][123] The Field Poll 672 42% 51% 7% ±3.9%
17–26 May 2008[124] The Field Poll 1,052 42% 51% 7% ±3.2%
21–22 May 2008[125] Los Angeles Times/KTLA 705 54% 35% 11% ±4%

Results

Electoral results by county.
Proposition 8[126]
Choice Votes %
Referendum passed Yes 7,001,084 52.30
No 6,401,482 47.70
Total votes 13,743,177 100.00

Amending the California Constitution by voter initiative requires a simple majority to be enacted.[127] A constitutional amendment passed by the electorate takes effect the day after the election.[127] 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."[128] 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."[129] The counties of Los Angeles, San Francisco, Yolo, Kern, Santa Barbara, San Luis Obispo, Sonoma, San Diego, San Bernardino, Sacramento, and Tuolumne stopped issuing marriage licenses to same-sex couples the day after the election.[130][131][132][133][134]

CNN exit poll

CNN conducted an exit poll representing the only source of data on voter demographics in California in the 2008 election.[135][136] Interpreting this exit poll requires some care as CNN did not provide the poll locations where the surveys were conducted. This can be a problem because exit polls are more inaccurate than regular opinion polls due to an intrinsic geographical bias stemming from the fact that most precincts are not sampled.[137]

The statistical trends from the CNN exit poll of 2,240 voters suggested that an array of voters came out both in opposition to and in support of Proposition 8, with no single demographic group making up all of either the Yes or No vote. These demographic trends were published in the media, including the following:

The following list comprises a detailed, though not exhaustive, account of the demographics voting Yes on Prop. 8 from the CNN exit poll:
84% of weekly churchgoers – (32% of those polled);[note 1]
82% of Republicans – (29% of those polled);[note 2][note 3]
81% of white evangelicals – (17% of those polled);
70% of African Americans – (10% of those polled);[note 4][note 5]
68% of voters married with children (31% of those polled);
65% of all Protestants - (43% of those polled);
65% of white Protestants – (29% of those polled);
64% of voters with children in household – (40% of those polled);
64% of Catholics – (30% of electorate);
61% of age 65 and over – (15% of those polled);
60% of married people – (62% of those polled);[note 6]
59% of suburban dwellers – (51% of those polled);
58% of non-college graduates – (50% of those polled);
56% of union households - (25% of those polled);
53% of Latinos – (18% of those polled);
51% of white men – (31% of those polled).

Polls showed that gender and income differences shared virtually no correlation with the vote.

Raw data from the poll is also available at http://www.sacbee.com/elections/story/1372009.html.

Post-election events

Retroactive effect

A pending legal issue is whether approximately 18,000 same-sex marriages already in effect would be retroactively annulled by the constitutional change or whether they would be preserved, since the amendment does not state explicitly that it would nullify same-sex marriages performed before the change took effect. California Attorney General Jerry Brown said that existing same-sex marriages would be unaffected, but other legal experts are uncertain.[138] The official proponents of Proposition 8 argue in their November 19, 2008 brief to the Court that the measure does annul existing same-sex marriages.

California Supreme Court cases

Main article: Lawsuits to Overturn Proposition 8

After the passage of Proposition 8, a number of lawsuits were filed 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 state Attorney General 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.[139] The Court has asked for final briefs by January 5, 2009. Both oral arguments and a decision in the cases are expected in 2009.

Demonstrations and Boycotts

See also: November 15 protests and Protests against Proposition 8 supporters
Protesters against Proposition 8 demonstrate in front of the California State Capitol in Sacramento on November 9.
Whoopi Goldberg at a large New York City protest on November 13, 2008, after the proposition passed.[140]

Following the passage of Proposition 8, mass protests took place across the state. Santa Monica Boulevard was closed as more than a thousand protesters gathered outside the Los Angeles Temple in Westwood because of the prominent role that members of The Church of Jesus Christ of Latter-day Saints, commonly known as Mormons, took in supporting the proposition.[141] Additionally, demonstrators marched through Hollywood, blocking traffic and forcing police intervention.[142] In Sacramento nearly one thousand protesters peacefully gathered for a candlelight vigil in front of the Sacramento Gay and Lesbian Center. Three hundred more marched through the streets with protest signs.[143] On Sunday November 9 an estimated crowd of 4,000 people protested in front of the State Capitol.[144] 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.[145] In addition to the protests at the Los Angeles Temple, protests were also held outside other California LDS Temples, including the San Diego Temple and the Oakland Temple. Several celebrities joined the protests, including Drew Barrymore in California[146] and Whoopi Goldberg in New York.[140]

Outside California, thousands of protesters gathered outside the headquarters of The Church of Jesus Christ of Latter-day Saints in Salt Lake City, Utah.[147] Prior to marching around the church office buildings and Temple Square, demonstrators gathered in downtown City Creek Park to hear remarks from local gay rights supporters including former Salt Lake City Mayor Rocky Anderson and three openly gay members of the Utah Legislature: Senator Scott McCoy and Representatives Christine Johnson and Jackie Biskupski.[148] 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.[149] 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.[150]

Protesters march up Market Street from the Civic Center in San Francisco.

Envelopes containing a suspicious white powder were mailed to two LDS temples and a Catholic fraternity, prompting a hazardous materials response and a federal investigation into who is behind it. The white powder scares were reported on November 13, 2008 at Salt Lake City's Temple Square, the Los Angeles California Temple, and at a printing plant belonging to the Knights of Columbus (a Roman Catholic fraternity) in New Haven, Connecticut. Members of The Church of Jesus Christ of Latter-day Saints and the Knights of Columbus were both major backers of Proposition 8. In addition, the Church has been a subject of mass protests due to their public support of Proposition 8, with major demonstrations against the Church recently held outside the same temples which received envelopes with the suspicious white powder. However, the FBI cautioned late Thursday there is no evidence to link the threats to Prop. 8 opponents.[151][152][153]

Ten LDS church buildings in the Sacramento region, and seven houses of worship in Utah, were vandalized in the ten days following the November 4 election, more than expected for an entire year. The FBI is investigating whether civil rights charges can be brought against the perpetrators and whether the acts of vandalism are hate crimes.[154] In addition, a Book of Mormon was burned on the doorstep of a Latter-Day Saint chapel in Littleton, Colorado, on November 11, another incident being investigated as a hate crime.[155]

On November 7, 2008, an internet blogger revealed that Scott Eckern, then Artistic Director of California Musical Theatre, made a personal donation of $1000 to the "Yes on 8" campaign.[156] All campaign contributions of $1000 or more required a name, home and occupation be listed. On November 10, gay artists called for a boycott of California Musical Theatre.[157] An emergency session of the board of directors of CMT was scheduled to address the situation but was later canceled. 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.[158] On November 12, Scott 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.[159]

Richard Raddon, Director of the Los Angeles Film Festival also resigned due to boycotts by the gay community.[160]

Proposition 8: The Musical

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 beginning on December 3, 2008. It was written and produced in just a few days. 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, Sarah Chalke and other celebrities. It was directed by Adam Shankman. The video satirizes Christian churches that selectively pick and choose Christian doctrines to follow. Among other comic assertions in the video is a song alleging that gay marriages would save the economy, inspired by a UCLA study finding that legalization of gay marriage would provide $370M in additional revenue to the California economy [161]. It received 1.2 million internet hits in its first day.[162][163]

FPPC Complaint

On November 13, 2008, Fred Karger of the group Californians Against Hate filed a complaint with the California Fair Political Practices Commission that The Church of Jesus Christ of Latter-day Saints did not fully disclose money spent or services provided to influence the outcome of the proposition. The church could face fines of up to $5,000 per violation if found in violation.[164]

Supporters file privacy lawsuit

On January 7, 2009, supporters of Proposition 8 filed a federal lawsuit to block public disclosure of their donations. Citing threats against their lives as well as other forms of harassment, the lawsuit requests that the California Secretary of State remove information about donations posted on its website.[165]

See also

Notes

  1. ^ The poll also showed that religious attendance and affiliation were strongly correlated with voting habits. Regular churchgoers sided in favor of the measure by a ratio of more than 4 to 1, and made up nearly one-quarter of those polled. By contrast, 54% of occasional and 83% of 'never' attenders polled voted No. Four out of every nine polled were occasional attendees, while over one fifth were in the 'never' category. Also, of those polled, a little less than two thirds of both Protestants and Catholics voted Yes, while nine tenths of no religion voted No. Over two fifths of those polled were Protestant, three out of every ten were Catholic, and about one in seven were of no religion. 'Other' and Jewish voter samples were too small to be statistically significant, but the data suggests they, too, leaned strongly No, with estimates of Jewish opposition running as high as 78% opposing.[1]
  2. ^ Of those polled who voted for Obama for President (60% of those polled), 32% voted Yes and 68% voted No. Of those polled who voted for McCain for president (38% of those polled), 84% voted Yes and 16% voted No.
  3. ^ Republican party members sided in favor of the measure by a ratio of more than 4 to 1 among those polled, and made up nearly a third of those polled. By contrast, more than half of Independents and nearly two thirds of Democrats voted No. Independents made up 28% of those polled, while Democrats made up 42%. Likewise, 85% of conservatives polled voted Yes, while 53% of moderates and 78% of liberals polled voted No. Conservatives made up three tenths of those polled, while moderates took up four in nine and liberals just over a quarter of those polled.
  4. ^ A controversial aspect of the poll regards African-American voting patterns. CNN reported that of the approximately 224 African Americans polled, 70% (approximately 157) voted in favor of the measure. No other racial or ethnic group in the poll backed the measure by more than 53%, the figure for Latino support. Further, African-American turnout, speculated to have been a result of Barack Obama's campaign for president, appeared unusually high, making up roughly 10% of those polled.[2]
  5. ^ Critics of the interpretation that a large turnout of first-time voters excited by Barack Obama's campaign could have helped the passage of proposition 8 (notably Nate Silver) have pointed out that first time voters voted for Obama at the 83% level and that of those, 62% voted against[3] proposition 8. In addition, analyses of the CNN exit poll have cast doubt on the possibility that African-Americans (who represent 6.2% of California's population) could make up 10% of the electorate, since Asian-Americans, Hispanic-Americans, and White non-Hispanic Americans are twice, six times, and seven times as numerous in California, respectively.[4]
  6. ^ The poll further indicated that marriage also shared a strong correlation with vote choice. The poll stated that 60% of those polled who were married voted Yes, while 62% of those polled who were unmarried voted No. Over three-fifths of those polled were married.

References

  1. ^ Demian Bulwa (May 15, 2008). "Opponents of same-sex marriage plot their campaign strategy". San Francisco Chronicle.
  2. ^ Scan of Initiative filing from California Attorney General's web site
  3. ^ "Propositions that are on the November 4, 2008 General Election Ballot", California Secretary of State
  4. ^ Text of Proposition 8, Official Voter Information Guide (draft copy), retrieved July 28, 2008
  5. ^ "California Constitution Article XVIII".
  6. ^ "California Supreme Court filings pertaining to Proposition 8". Retrieved 2009-1-14. {{cite web}}: Check date values in: |accessdate= (help)
  7. ^ a b Folmar, Kate (2008-06-02). "Secretary of State Debra Bowen Certifies Eighth Measure for November 4, 2008, General Election" (PDF). California Secretary of State. Retrieved 2008-08-07.
  8. ^ "California Elections Code". The State of California. Retrieved 2008-12-06.
  9. ^ "Initiative Measure Title and Summary (07-0068)" (PDF). California Attorney General. 2007-11-29.
  10. ^ "California Elections Code". The State of California. Retrieved 2008-12-06.
  11. ^ "Initiative Measure Title and Summary (07-0068)" (PDF). California Attorney General. 2007-11-29.
  12. ^ "Ballot Label (Proposition 8)" (PDF). California Secretary of State. 2008-07-03.
  13. ^ Garrison, Jessica (July 29, 2008). "Opponents of gay marriage say they will sue over changed wording in Proposition 8". Los Angeles Times.
  14. ^ "California Elections Code". The State of California. Retrieved 2008-12-06.
  15. ^ a b Jansson v. Bowen, et.al., Petition for Writ of Mandate, Order After Hearing (Superior Court of California, County of Sacramento 2008-08-07).
  16. ^ Dolan, Maura (2008-07-17). "Bid to ban gay marriage will stay on ballot, California Supreme Court rules". Los Angeles Times. David Hiller. Retrieved 2008-08-07.
  17. ^ Costa v. Superior Court (2006) 37 Cal.4th 986, 1005-1006.
  18. ^ "Gay-rights advocates to challenge Proposition 8 in court". Los Angeles Times. November 5, 2008. Retrieved 2008-11-05.
  19. ^ Swift, Mike (2008-07-29). "Prop. 8 supporters sue over gay marriage ballot language". Mercury News. MediaNews Group. Retrieved 2008-08-07.
  20. ^ "Lawsuit filed to challenge California ballot's 'inflammatory' rewording of marriage amendment". CNA. Catholic News Agency. 2008-08-01. Retrieved 2008-10-16.
  21. ^ Garrison, Jessica (2008-07-28). "Gay marriage foes challenge ballot wording". AZ Central.com. Retrieved 2008-08-07.
  22. ^ "REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF OPPOSITION TO PETITION FOR WRIT OF MANDATE" (PDF). Attorney General of the State of California. 2008-08-04. Retrieved 2008-11-07.
  23. ^ a b Egelko, Bob (2008-08-08). "Judge refuses to order change in Prop. 8 title". Sfgate.com. Retrieved 2008-08-08.
  24. ^ Egelko, Bob (2008-08-12). "Prop. 8 backers drop challenge on wording". San Francisco Chronicle.
  25. ^ "Order Denying Petition (Case No. C059606)". California Court of Appeal, 3rd District. 2008-08-08.
  26. ^ "Prop. 8 backers drop challenge on wording". San Francisco Chronicle. 2008-08-12. Retrieved 2008-10-25.
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  28. ^ "Record 17.3 million Californians registered to vote". The Sacramento Bee. 2008-11-03. Retrieved 2008-11-03.
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