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Proposition 8 was a California ballot proposition and a state constitutional amendment passed in the November 2008 state elections. The measure added a new provision, Section 7.5 of the Declaration of Rights, to the California Constitution, which provides that "only marriage between a man and a woman is valid or recognized in California." By restricting the recognition of marriage to... MORE Proposition 8 was a California ballot proposition and a state constitutional amendment passed in the November 2008 state elections. The measure added a new provision, Section 7.5 of the Declaration of Rights, to the California Constitution, which provides that "only marriage between a man and a woman is valid or recognized in California." By restricting the recognition of marriage to opposite-sex couples, the proposition effectively overturned the California Supreme Court's ruling of In re Marriage Cases that same-sex couples have a constitutional right to marry. The wording of Proposition 8 was precisely the same as that which had been found in Proposition 22, which had passed in 2000 and, as an ordinary statute, had been invalidated by the State Supreme Court in 2008. California's State Constitution put Proposition 8 into immediate effect the day after the election. The proposition did not affect domestic partnerships in California, nor same-sex marriages performed before November 5, 2008. After the elections, demonstrations and protests occurred across the state and nation. Same-sex couples and government entities filed numerous lawsuits with the California Supreme Court challenging the proposition's validity and effect on previously administered same-sex marriages. In Strauss v. Horton, the California Supreme Court upheld Proposition 8, but allowed existing same-sex marriages to stand. LESS |
Prop 8 Heads To Court |
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Full Segment: We talk to San Francisco City Attorney, Dennis Herrera, about California's ban on same-sex marriage, that heads before the U.S. Supreme Court on Tuesday.
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