International Law

Inside Proposition 8 - California's Same-Sex Marriage Debate

Dubbed Proposition Hate by its progressive opponents, an initiative on Tuesday's California's ballot seeks to roll back a May, 2008 decision of the California Supreme Court overturning the State's ban on same-sex marriage.

The ballot initiative calls for an amendment to the State Constitution to outlaw same-sex marriage and to provide that "only marriage between a man and a woman is valid or recognized in California."

The full text of the proposed law is as follows:

PROPOSITION 8

This initiative measure is submitted to the people in accordance with the provisions of Article II, Section 8, of the California Constitution.

This initiative measure expressly amends the California Constitution by adding a section thereto; therefore, new provisions proposed to be added are printed in italic type to indicate that they are new.

SECTION 1. Title

This measure shall be known and may be cited as the "California Marriage Protection Act."

SECTION 2. Section 7.5 is added to Article I of the California Constitution, to read:

SEC. 7.5. Only marriage between a man and a woman is valid or recognized in California.

Current polls show the initiative is likely heading for a narrow, (but in our view, welcome) defeat.

For some in California, however, the success of this referendum is an imperative of nearly Biblical proportion:

More information is available at No on Prop Hate.

- Garry J. Wise, Toronto

Visit our Toronto Law Firm website: www.wiselaw.net

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Full post as published by Wise Law Blog on November 01, 2008 (boomark / email).