California Proposition 8 – Protect Traditional Marriage Wins 52-48%; Update: Proposition 8 Challenged in Court

A number of media organizations including the Associated Press and Los Angeles Times have called Yes on Proposition 8 – Protect Traditional Marriage victorious in yesterday’s California election.

In an election otherwise full of liberal triumphs, the gay rights movement suffered a stunning defeat as California voters approved a ban on same-sex marriages that overrides a recent court decision legalizing them.

The constitutional amendment _ widely seen as the most momentous of the nation’s 153 ballot measures _ will limit marriage to heterosexual couples, the first time such a vote has taken place in a state where gay unions are legal.

Gay-rights activists had a rough election elsewhere as well. Ban-gay-marriage amendments were approved in Arizona and Florida, and Arkansas voters approved a measure banning unmarried couples from serving as adoptive or foster parents. Supporters made clear that gays and lesbians were their main target.

In California, with 95 percent of precincts reporting Wednesday, the ban had 5,125,752 votes, or 52 percent, while there were 4,725,313 votes, or 48 percent, opposed.

Similar bans had prevailed in 27 states before Tuesday’s elections, but none were in California’s situation _ with about 18,000 gay couples married since a state Supreme Court ruling in May. The state attorney general, Jerry Brown, has said those marriages will remain valid, although legal challenges are possible.

Spending for and against the amendment reached $74 million, making it the most expensive social-issues campaign in U.S. history and the most expensive campaign this year outside the race for the White House.

From Ron Prentice, Chairman of ProtectMarriage.com – Yes on 8:

This is a great day for marriage. The people of California stood up for traditional marriage and reclaimed this great institution. We are gratified that voters chose to protect traditional marriage and to enshrine its importance in the state constitution. We trust that this decision will be respected by all Californians.

The Yes on Proposition 8 campaign has been the single largest, most powerful grassroots movement in the history of American ballot initiative campaigns. We raised approximately $40 million from over 70,000 individual contributors. We recruited the active support of over 100,000 volunteers who gave tirelessly of their time and energies to our cause. We could not have won without them! These dedicated volunteers have visited millions of homes, made millions of phone calls, distributed over one million yard signs and displayed one million bumper strips. The silent majority is alive and well in California.

Proposition 8 has always been about restoring the traditional definition of marriage. It doesn’t discriminate or take rights away from anyone. Gay and lesbian domestic partnerships will continue to enjoy the same legal rights as married spouses. Our coalition has no plans to seek any changes in that law.

While it will take a few weeks to finish counting all the votes, Proposition 8 takes effect at midnight tonight. Just as it was before the Supreme Court’s ruling, only marriage between a man and a woman will be valid or recognized in California, regardless of when or where performed.

This has been a hard-fought campaign on both sides. Now that the people of California have decided this issue, we hope there can be a healing among all and a continued respect for the diverse views that have been expressed during this campaign.

The outcome of this race is being closely followed in every state in the nation, and in countries throughout the world. California’s vote in favor of traditional marriage should give the silent majority comfort that they do have a voice and can and should stand up for this precious institution in legislatures throughout the world. Marriage is between a man and a woman.

Fox News is reporting that the City of San Francisco and a Lesbian couple in Los Angeles will be filing legal challenges to the newly passed California Constitutional amendment.

Good luck with that but stay tuned.

Update:

The No on 8 campaign has not conceded but other groups are already going to court to block its enactment.

Civil rights groups moved quickly today to challenge Proposition 8, asking the California Supreme Court to strike down the latest attempt to ban same-sex marriage across the state.

While refusing to concede that the ballot measure has passed, gay marriage supporters nevertheless filed a petition with the state’s high court in the event the current vote holds and Proposition 8 amends the California constitution to once again outlaw marriage for gay and lesbian couples.

Backers of the measure claimed victory Tuesday night with the initiative leading by a 52 to 48 percent margin.

The legal challenge maintains that Proposition 8 is invalid and takes away a “fundamental right” from “just one group — lesbian and gay Californians.” The petition argues that the state constitution cannot be amended if it violates other constitutional rights.

Flap doubts the California Supreme Court would throw out a vote of the people. But, who knows?

Can you imagine the repercussions? One would be the likely recall of the Justices of the California Supreme Court.

Update #2:

As the vote counting continued this morning, opponents of Prop. 8 filed a lawsuit directly with the state Supreme Court – whose May 15 ruling legalized same-sex marriage – asking the justices to overturn the measure.

The suit argued that Prop. 8 would change the California Constitution in such fundamental ways – taking important rights away from a minority group – that it amounted to a constitutional revision, which requires approval by the Legislature before being submitted to the voters. The case was filed by the American Civil Liberties Union, Lamda Legal and the National Center for Lesbian Rights.

The same groups asked the court before the election to remove Prop. 8 from the ballot on those grounds. The justices refused, but left the door open for a post-election challenge.

“A major purpose of the Constitution is to protect minorities from majorities,” said Elizabeth Gill, an ACLU lawyer. “Because changing that principle is a fundamental change to the organizing principles of the Constitution itself, only the Legislature can initiative such revisions.”

The suit was filed on behalf of six unmarried same-sex couples and the gay rights group Equality California.

Stay tuned…….

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California Proposition 8 – Protect Traditional Marriage Winning 52-48%