The Protect Marriage Coalition claims that those in favor of Proposition 8 are “restoring marriage and protecting California children” while the No on 8 Campaign purports that the proposed ban on gay marriage violates the concept of equal protection under the law, thereby “denying gays and lesbians the respect, dignity and responsibility that come with marriage.”
So, who is right? The answer to that question is that it all depends on your point of view.
Overview and History of Proposition 8
In 2000, California state voters passed Proposition 22 with 61 percent of the vote. This initiative was designed to limit marriage to the union between a man and a woman. In May 2008, the California Supreme Court overturned this proposition with a 4-3 ruling that, as LA Times author Maura Dolan writes in her article “California Supreme Court Overturns Gay Marriage Ban,” seeks to “invalidate virtually any law that discriminates on the basis of sexual orientation.” Dolan goes on to write that, “the decision was a bold surprise from a moderately conservative, Republican-dominated court that legal scholars have long dubbed ‘cautious.’’
As a result of this somewhat surprising decision, Proposition 22 was overturned and gay and lesbian couples were given the right to legally wed, beginning in June 2008. The issue at stake in the November election is whether or not same-sex couples will be granted the continued right to marry in California or whether the voters will again declare that marriage should be limited to the union between a man and a woman. If the proposed ban on same-sex marriage does not pass, gay and lesbian couples will continue to legally marry as they have since June. If, however, Proposition 8 does pass, future marriages between gay and lesbian couples would be halted and the legal status of those which have already been performed may be in jeopardy.
Heated Debate
Proposition 8, which is often referred to as the “Marriage Protection Act” or “Marriage Equality Act” depending on which side of the argument one stands on, has drawn considerable attention in this election year. Both sides are clamoring for support from young voters, communities of faith, and politicians. The strong feelings and abundance of testimonies and experiences have led to a plethora of public service announcements. Even corporations, such as Google, have weighed in on the matter.
With such attention being given to the proposition, both the Protect Marriage Coalition and the No on 8 campaign have made a particular effort to reach out to undecided voters by campaigning, fundraising, and addressing hot-button questions. Each group’s site addresses inquiries relating to the current rights that gays and lesbians have under the law, how Proposition 8 would affect the educational system’s curriculum on marriage, and what general impact gay marriage has on children. As expected, each group’s views differ significantly so it is crucial to read both sides of the argument and make an informed choice when it comes to casting one’s vote.
Steering the Course of Gay Rights in California
Given the extent of the controversy over Proposition 8, it appears that gay marriage is likely to remain a key issue in California for quite some time. Certainly then, this election will be a crucial stepping stone in determining the course of gay rights in the state. Yet, at least for this year, it remains to be seen whether the majority of Californians will align with the Protect Marriage Coalition view that “gays have a right to their private lives, but not to change the definition of marriage for everyone else” or whether voters will instead agree with the No on 8 Campaign which believes that “like the freedom of religion and the freedom of speech, the freedom to marry is fundamental to our society...[and] it’s wrong to single out one group of Americans and prevent them from having access to the same rights and responsibilities as their fellow citizens.”
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