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Prop 8 Updates

2000 – If you remember way back in 2000, 61% of California voters passed Proposition 22 – which defined marriage as one man and one woman.

February 2004 – The Mayor of San Francisco ordered his staff to begin performing so-called same-sex marriages, even though the law clearly prohibited them from doing so.  After three weeks, we were able to get the California Supreme Court to issue an injunction enjoining the illegal marriages.

May 2008 – After numerous lawsuits were filed in 2004 challenging Proposition 22, and 4 long years of litigation, the California Supreme Court declared that Proposition 22 violated the Equal Protection Clause of the State Constitution.

November 2008 – Just a few months later, Proposition 8 was placed on the California ballot, once more asking voters to define marriage as between one man and one woman; it passed with 52% of the vote.

Since that time, different parties have tried to strip the California voters of their power by overturning the measure.

December 6, 2010 – Advocates represented the County of Imperial as they tried to prove they have legal standing to defend Prop 8 and the will of California voters.

February 2011 – Advocates filed a motion to intervene in this case on behalf of the newly elected City Clerk of Imperial County.  This is significant because the Courts questioned whether there was a government official whose job would be directly impacted by the outcome of this case, who would also stand up to defend Prop 8.  Now we have that defendant, and the Ninth Circuit will decide if he has standing to intervene in the case.

February 2012 – The Ninth Circuit Court of Appeals panel ruled that Prop 8 – a voter-backed initiative – violates the Constitution.  We will now appeal this case to a larger Ninth Circuit panel and, eventually, the U.S. Supreme Court.

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