Proposition 8

Proposition 8 was a California ballot proposition and a state constitutional amendment passed by voters in November 2008. The measure added a new provision to the California Constitution, which provides that “only marriage between a man and a woman is valid or recognized in California.” The proposition overturned the California Supreme Court’s June 16, 2008, ruling that same-sex couples have a constitutional right to marry.

On Aug. 4, 2010, a federal judge ruled that Proposition 8 violated both the Due Process and Equal Protection clauses of the United States Constitution. On Feb. 7, 2012, a Ninth Circuit Court of Appeals panel affirmed the decision that Proposition 8 was unconstitutional. On June 26, 2013, in Hollingsworth v. Perry, the U.S. Supreme Court ruled that supporters of the measure did not have the legal standing to appeal the lower court’s ruling, clearing the way for same-sex marriages to resume in California. On June 28, 2013, the Ninth Circuit lifted its stay of the district court’s ruling, and same-sex marriages resumed in California. [ Wikipedia ]

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Judge rebuffs Prop 8 supporter’s call for recusal over wife’s affiliation with ACLU

Thursday, December 2, 2010
[caption id="attachment_14141" align="alignleft" width="212" caption="Reinhardt"][/caption] Supporters of Proposition 8, California's ban on gay marriage, are calling for Judge Stephen Reinhardt to recuse himself from the appeals trial, set to get underway on Monday, because his wife heads the Southern California chapter of the American Civil... [ Read more → ]
Kamala Harris

LGBT advocates hail Kamala Harris’ victory as California Attorney General

Wednesday, November 24, 2010
San Francisco District Attorney Kamala Harris will be California's next Attorney General, after her Republican opponent conceded on Wednesday -- a full three weeks after the Nov. 2 election. [ Read more → ]

Prop 8 trial roundup: briefs filed, court date set, analysis of upcoming hearing

Saturday, October 23, 2010
On Monday of this week, Prop 8 opponents Olson and Boies filed briefs with the U.S. Ninth Circuit Court of Appeals in support of Judge Vaughn Walker’s decision declaring Proposition 8 unconstitutional. On Thursday, a Federal Appeals Court announced that oral arguments for the appeal will be heard Dec. 6. [ Read more → ]

Vaughn Walker, federal judge who presided over Prop 8 trial, announces retirement

Friday, October 1, 2010
The federal judge who attracted national attention for his decision last month striking down California's Proposition 8 and lambasting supporters of traditional marriage, has announced that he will retire from the bench in February. As Chief Judge for the Northern District of California, Vaughn R.... [ Read more → ]

Ten states file anti-gay marriage brief in Proposition 8 appeal

Saturday, September 25, 2010
Ten U.S. states signed onto a legal brief Friday in opposition to same-sex marriage, claiming a federal court “exceeded its judicial authority” when it ruled that California's Proposition 8 -- the 2008 voter-approved ban on gay marriage -- was "unconstitutional." The amicus brief sent Friday... [ Read more → ]

Court rejects motion to force Brown, Schwarzenegger to defend Prop 8

Friday, September 3, 2010
A California state appeals court has denied a conservative law group's request that it force Attorney General Jerry Brown and Gov. Arnold Schwarzenegger to defend Proposition 8 in federal court. [ Read more → ]

Appeals court grants ‘stay’ in Prop 8 ruling, gay marriage to remain on hold

Monday, August 16, 2010
A federal appeals court on Monday put a hold on same-sex marriages in California, overruling a federal district judge who had earlier ruled that Proposition 8 -- the state's voter approved ban on gay marriage -- was unconstitutional. [ Read more → ]

Judge lifts stay in Prop 8 ruling; gay marriage could resume August 18

Thursday, August 12, 2010
Gay marriage in California could resume next week as a federal judge today denied defendant's motion for a permanent stay to his decision to invalidate Proposition 8, the 2008 ballot measure that reinstated the ban on same-sex marriage, but extended the temporary stay another week. [ Read more → ]

Allowing gay marriage might reduce divorce rates

Sunday, August 8, 2010
Divorce is a hot topic for conservatives worried about preserving the institution of marriage, so there is a silver lining in Proposition 8 for them: allowing gay marriage appears to reduce the divorce rate. [ Read more → ]

California governor, attorney general call for gay marriages to resume

Friday, August 6, 2010
California Governor Arnold Schwarzenegger and Attorney General Jerry Brown filed motions in federal court late Friday, asking a federal judge to allow the state to begin performing same-sex marriages. [ Read more → ]

Prop 8 supporters claim Walker’s ruling unfair because he’s a gay judge

Friday, August 6, 2010
Is Judge Vaughn Walker gay? Does it matter? Not surprisingly, supporters of Proposition 8 say the U.S. District Court judge who overturned California's voter approved ban on gay marriage should have recused himself from the case because, they say, he is gay -- and therefore is biased. [ Read more → ]
Prop 8 opponents at a rally to celebrate the ruling to overturn the gay marriage ban.

Prop 8 next steps: Judge to decide whether to lift ‘stay’ in ruling

Thursday, August 5, 2010
U.S. District Judge Vaughn Walker, the federal judge who struck down California's voter-approved ban on gay marriage must now decide whether the ban should remain in tact while the ruling makes its way through the appeals process. [ Read more → ]

Advocates, opponents, politicians react to today’s Prop 8 ruling

Wednesday, August 4, 2010
While gay rights advocates from across the country celebrate Wednesday's historic ruling in which U.S. Judge Vaughn Walker overturned Proposition 8, political groups, elected officials and activists on both sides issued reaction today, ranging for jubilation to furiously denouncing the court's ruling. [ Read more → ]
Plantiffs (left to right) Paul Katami, Jeff Zarillo, Kris Perry and Sandy Stier before the start of their trial in San Francisco. Photo credit: Reuters

Prop 8 unconstitutional: Federal judge strikes down CA gay marriage ban

Wednesday, August 4, 2010
A federal judge on Wednesday struck down California's Proposition 8, the 2008 voter approved ban on gay marriage, ruling it "unconstitutional" and "fails to advance any rational basis in singling out gay men and lesbians for denial of a marriage license." [ Read more → ]
"Traditional marriage" supporters feel they are the victims of gay equal rights

Prop 8 supporters: ‘We are the victims’

Saturday, July 24, 2010
Proposition 8 (a.k.a. “traditional marriage”) supporters say they are the victims, not gay people. And that gay people have brought negative backlash upon themselves by standing up for their equal rights. [ Read more → ]
Ted Olson said he fully intends to take the Prop 8 trial to the US Supreme Court

Remembering Ted Olson’s Newsweek op-ed about gay marriage

Wednesday, July 21, 2010
"The very idea of marriage is basic to recognition as equals in our society; any status short of that is inferior, unjust, and unconstitutional." -- Ted Olson, a staunch conservative and one of the attorneys challenging the constitutionality of California's Proposition 8. [ Read more → ]
Image: Equality California (

Brian: Please don’t let Proposition 8 take away my dreams

Sunday, July 11, 2010
There are always going to be those people who will never accept homosexuality and will HATE gays and lesbians ... Everybody has that dream of growing up and falling in love and getting married, including gay people. I would ask these people to please not take that dream away from me. I deserve to be happy too. [ Read more → ]

Why Shelly supported Proposition 8

Sunday, July 11, 2010
Shelly has some very strong opinions about Prop 8. She voted in favor of the initiative because, “sexual relationships, once considered a private matter between consenting adults, can no longer be viewed as such. Private choices have public consequences." [ Read more → ]
The Church of Jesus Christ of Latter-Day Saints in Salt Lake City, Utah

Meet a Mormon who opposed Proposition 8

Sunday, July 11, 2010
I’m a Mormon, and I think It is ridiculous to think that allowing a broader realm of people to marry would somehow weaken families or marriage. I think just the opposite would be true. [ Read more → ]
Ryan Kendall

Ryan Kendall: A letter of love from a brokenhearted man on the eve of a historic day

Sunday, July 11, 2010
It is hard for me to describe, or even let myself fully feel, the pain and hurt caused by the California Supreme Court upholding Proposition 8. I have been dreading the Day of Decision. Never before in my life have I felt such a mix of sorrow, solitude, pain... [ Read more → ]
Hawaii Gov. Linda Lingle vetoed the state's same-sex civil unions bill

Hawaii veto fallout: The fight for equal rights in the Aloha state is far from over

Wednesday, July 7, 2010
The once-progressive Aloha state seems doomed for Republican takeover, following lame duck Governor Linda Lingle's veto yesterday of a same-sex civil unions bill passed last month by the state legislature. [ Read more → ]

’8: The Mormon Proposition’ — In theaters, film focuses on Mormon efforts to pass Prop 8

Monday, June 21, 2010
The controversial film “8: The Mormon Proposition,” which harshly criticizes the Mormon Church for campaigning in favor or California’s ban on same-sex marriage, opened in select theaters Friday. Focused on the 2008 passage of California’s Proposition 8, Director Reed Cowan’s documentary has struck a nerve... [ Read more → ]

Court hears closing arguments in landmark case challenging Prop 8 ban on gay marriage

Wednesday, June 16, 2010
Closing arguments were presented in court today in the landmark trial challenging the constitutionality of Proposition 8, the final opportunity for attorneys on both sides to influence a federal judge in deciding the fate of California's voter approved ban on gay marrige. "This case is... [ Read more → ]

As closing arguments near, Judge poses 39 tough questions to Prop 8 litigants

Friday, June 11, 2010
The federal judge presiding over a trial on California's Proposition 8 issued a list this week of 39 wide-ranging questions to be answered in closing arguments in San Francisco next week. [caption id="attachment_8183" align="alignleft" width="240" caption="Walker"][/caption] No broad conclusions can be made from this order... [ Read more → ]

Judge rules: No broadcast of closing arguments in Prop 8 trial

Thursday, June 10, 2010
Closing arguments in the federal challenge to California's Proposition 8, the voter approved ban on gay marriage, will not be broadcast. Chief Judge Vaughn Walker denied a request from media groups seeking to record the June 16 session. The U.S. District Court for the Northern... [ Read more → ]
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