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Prop 8 Upheld

The California Supreme Court upheld Proposition 8, which defines marriage in the California constitution to exclude same-sex couples. It also ruled that the thousands of same-sex couples who married before Prop 8 passed are still legally married in California.

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'Won’t Back Down' – Help Repeal Prop 8


HRC News in California


History of the Supreme Court case

In May 2008, California’s Supreme Court ruled that same-sex couples have the equal right to marry under the state constitution.  That decision was effectively overruled when Proposition 8 was approved by voters on Nov. 4, 2008 by a 52.3 - 47.7% margin. Approximately 18,000 same-sex couples were married in California between June 17 and November 4, 2008. 

The day after the vote, three lawsuits challenging Prop 8 were filed in the California Supreme Court.

On Nov. 19, 2008, the court agreed to hear the cases.  The legal issues raised were technical, and focused on the question of whether Proposition 8 is invalid because it constitutes a revision of, rather than an amendment to, the California constitution.  A “revision” is a substantial change to the constitution that would require action by the legislature before a matter is placed before voters.

The National Center for Lesbian Rights is lead counsel for the petitioners seeking to invalidate Proposition 8.  NCLR represents Equality California, whose members include many of the same-sex couples married between June and November.  NCLR is also working with counsel from Lambda Legal, the ACLU, and several private law firms.

Amicus briefs asking the court to invalidate Proposition 8 were signed by hundreds of civil rights organizations, faith organizations, labor unions, businesses, bar associations, and other groups, including the NAACP, MALDEF, California Council of Churches and the Human Rights Campaign.  California’s state House and Senate passed resolutions declaring their opposition to Proposition 8.

HRC’S Work in California:


Proposition 8 Campaign

  • Established HRC California Marriage PAC and through this vehicle contributed $3.4 million to combat Proposition 8, which sought to eliminate equal marriage rights in California.
  • Contributed the time and expertise of HRC’s national field director Marty Rouse to the executive committee of the Equality for All / No on Prop 8 campaign.
  • Deployed seven HRC staff members to work on the No on Prop 8 campaign for varying periods of time, ranging from a few weeks to several months.  HRC staff helped lead No on Prop 8 efforts in San Francisco, Los Angeles, the San Fernando Valley, and San Diego.  In addition, HRC’s manager of campus and youth outreach Candace Gingrich worked to organize, promote and run campus activities across the state.
  • Mobilized HRC members and supporters throughout the state to volunteer for the No on Prop 8 campaign, to donate to the HRC California Marriage PAC, and to vote against Proposition 8 with a series of special election-related e-newsletters. 
  • Coordinated media response in five key locations on the first day of marriages.


Proposition 8 “Decline to Sign” Campaign

  • Deployed eight HRC staffers to work on the Equality for All ‘decline to sign’ campaign, aimed at increasing public awareness about the anti-marriage constitutional amendment and keeping it off the ballot if possible.
  • Spearheaded ‘decline to sign’ efforts in Orange County – one of five targeted regions of the state.  HRC staff worked in Riverside and Los Angeles counties as well.
  • Contributed $100,000 to help fund the Equality for All ‘decline to sign’ campaign.


Other Prop 8 Activities

  • Launched online campaigns to generate constituent contacts to state legislators and to Governor Schwarzenegger, in support of the Religious Freedom and Civil Marriage Protection Act.
  • Submitted organizational letters in support of state legislators who introduced resolutions urging repeal of Proposition 8. 
  • Partnered with Equality California to promote their 2009 state capital lobby day and associated events.  An HRC online action campaign tied to the lobby day generated more than 1,000 constituent contacts with state legislators.
  • Partnered with Marriage Equality USA and other organizations on a series of vigils around the state on the night before the California Supreme Court heard oral arguments on the validity of Proposition 8.
  • Foundation Coordinator helped field team fight marriage initiative: In Orange County, California, Lindsey Taylor, Coordinator of the Public Education and Outreach Division, joined the HRC field team and Equality For All [http://www.equalityforall.com/] on the ground in Orange County. Together they helped to educate voters on the harmful effects of the California amendment to ban same-sex marriage.
  • Foundation Coordinator led workshop at 2008 Western Regional Queer College Conference: In Los Angeles, California, following four days on the ground in the OC, Lindsey Taylor traveled to UCLA to present a workshop on Marriage Equality to twenty-five students from colleges across California. Entitled “Wedded to Equality”, the workshop gave an overview of the local and national work to achieve full equality and recognition for queer relationships and families.
  • Campus GOTV: In Sacramento, Chico, Davis, Palo Alto, and San Jose California, Generation Equality held multiple Get Out the Vote Efforts. Advocating for the under-30 generation to vote will by default result in support for fair-minded candidates. This message was given at a campus rally, with LGBT and allied students in attendance.  Tips and hints for getting peers to vote were shared, and a Q & A session was held afterward.
  • LGBT resource center reception and Prop 8 discussion: In San Jose, California, when SJSU's LGBT Resource Center was less than one month old, it held a coming out week recpetion and an informational session on Prop 8 and the ramifications of its passage.
  • Multiple Rallies against Prop 8: In Cerritos, Fullerton, and Santa Barbara, California, Generation Equality held multiple rallies against Prop 8. Advocating for the under-30 generation to vote will by default result in support for fair-minded candidates. This message was brought to campus colleges and their LGBT and allied campus groups. Tips and hints for getting peers to vote were shared, and a Q & A session was held afterward.


HRC Workplace Project

  • New Resource – Marriage for Same-Sex Couples: Considerations for Employers: On August 8, 2008, the HRC Foundation Workplace Project released a new resource entitled, “Marriage for Same-Sex Couples: Considerations for Employers.”  This resource examines the interplay between inconsistent state and federal laws, as well as an individual employer's partner and spousal benefits structures. It suggests ways that employers can proactively address changing laws to ensure same-sex couples are provided equal benefits.