CalProps Analysis: Prop 8

Proposition 8 is one of the two big ticket social issue initiatives on the November ballot. The ballot title for the measure says that Prop 8 "eliminates the right of same-sex couples to marry" and the initiative seeks to re-define marriage in the state following a recent court case upholding the rights of same-sex couples to marry. The initiative text states that: "Only marriage between a man and a woman is valid or recognized in California."

Both the ballot title and language have been the subject of lawsuits and legal wrangling – likely foreshadowing legal challenges were it to pass in November.

The electoral contest over Prop. 8 has attracted both national attention and dollars. Through September 30, supporters of Prop. 8 had raised about $27 million, while its opponents had raised $19 million. Although checks in the $1 million range have been written to both campaigns from wealthy backers, the campaigns also each have tens of thousands of small donors--62,000 donors for the "Yes on 8" campaign and over 30,000 for the "No on 8".
California first explicitly defined marriage as a state between a man and woman in 1977 when the legislature passed a law stating that marriage is a "personal relation arising out of a civil contract between a man and a woman". In 2000, voters passed ballot Proposition 22 which formally defines marriage in California between a man and a woman in statute, whereas this year’s Prop 8 is a constitutional amendment. A California Supreme Court ruling this year struck down Prop 22 on a 4 to 3 vote.

The National Organization for Marriage and Focus on the Family are national organizations that support the initiative and are helping to fund it. The Church of Jesus Christ of Latter-day Saints supports efforts to pass the measure, and Mormon church leaders made a televised appeal to members of the church asking them to work for Prop 8’s passage. The Union of Orthodox Jewish Congregations of America, the largest Orthodox umbrella group nationally, also supports the measure.

Eight different organizations have formally filed as opposition groups with the California Secretary of State, including Let California Ring, Equality for All, Equality California, the Equality California Issues PAC, and the Human Rights Campaign. Governor Schwarzenegger has said the amendment is "a waste of time". Other notable opponents include Hollywood luminaries Brad Pitt and Steven Spielberg as well as PG&E, who made headlines by financially supporting a social issue of this nature.

Arguments in favor of Prop. 8

"Proposition 8 is about preserving marriage; it’s not an attack on the gay lifestyle. Proposition 8 doesn’t take away any rights or benefits of gay or lesbian domestic partnerships."
Prop. 8 "restores the definition of marriage to what the vast majority of California voters already approved and human history has understood marriage to be."
"It overturns the outrageous decision of four activist Supreme Court judges who ignored the will of the people."
"It protects our children from being taught in public schools that “same-sex marriage” is the same as traditional marriage."

Arguments against Prop. 8

"Our California Constitution--the law of our land---should guarantee the same freedoms and right to everyone. No one group should be singled out to be treated differently."
"Equal protection under the law is the foundation of American society."
The institution of marriage conveys dignity and respect to the lifetime commitment that a couple makes. Proposition 8 would deny lesbian and gay couples the opportunity that same dignity and respect.
"The freedom to marry is fundamental to our society, just like the freedoms of religion and speech."
Laws should treat everyone equally.
It should not be up to the government to say who can and cannot get married.
When domestic partnerships are held out as an acceptable substitute for marriage, this is misleading. Domestic partnerships are not a substitute for marriage.

Polling information

Month of Poll	Polling company	In Favor	Opposed	Undecided
May 2008	Field	40 percent	54 percent	6 percent
July 2008	Field	42 percent	51 percent	7 percent
August 2008	PPIC	40 percent	54 percent	6 percent
Sept. 2008	Field	38 percent	55 percent	7 percent
Sept. 2008	SurveyUSA	44 percent	49 percent	7 percent
Sept. 2008	PPIC	41 percent	55 percent	4 percent
Oct. 2008	Internal polling, "No on 8"	47 percent	42 percent	11 percent
Oct 4-5, 2008	CBS News/SurveyUSA	47 percent	42 percent	11 percent