Strong opposition to the candidacy of Barack Obama in Arkansas may have helped conservatives pass a measure blocking the adoption of children by unmarried couples.
The measure, which voters overwhelmingly approved Tuesday and which prevents unmarried cohabitating couples from adopting or fostering children, won strong support from conservatives, exit polls found. The ban affects all unmarried couples but was written with the intent of preventing gay couples from raising children in Arkansas….
Many experts did not expect the measure to pass with Democrats nationwide flooding the polls to support Mr. Obama for president….
But conservatives mounted a grass-roots campaign, mainly through church groups, that framed the state’s case-by-case approach to adoption requests as an affront to traditional family values….
House Speaker Nancy Pelosi expressed deep disappointment on Friday that California voters approved Prop. 8, the measure banning same-sex marriage, and defended her ally, San Francisco Mayor Gavin Newsom, against critics who say his actions contributed to its passage….
“Unfortunately, I think people thought they were making a statement about what their view of same-sex marriage was,” the San Francisco Democrat said. “I don’t know if it was clear that this meant that we are amending the Constitution to diminish freedom in our state.”…
…California Secretary of State Debra Bowen is expected to make an announcement about the uncounted ballots by Thursday afternoon.
Meanwhile, California county clerks stopped issuing marriage licenses to same-sex couples based on the semi-official results and a provision in the state constitution that says that, if approved by a majority of voters, any amendment or revision should take effect immediately.
Several lawsuits were immediately filed seeking an injunction and arguing the unconstitutionality of Prop. 8 to the California Supreme Court. Attorney Gloria Allred and her partner John West filed a suit in the high court on behalf of their clients Robin Tyler and Diane Olson, who were the first lesbian couple married in Los Angeles after same-sex marriage became legal….
…Before the final votes on Proposition 8 were even tallied Wednesday, civil rights groups and San Francisco city officials filed two separate legal challenges in the California Supreme Court, asking the justices to block the state’s latest ban on same-sex marriages.
The salvos are expected to set in motion another protracted legal tussle over gay marriage that could eventually spill into other courts, including, at some point, the U.S. Supreme Court.
The civil rights challenge was filed on behalf of six same-sex couples who now want to marry, including San Jose partners Brad Jacklin and Dustin Hergert, who say they no longer have the right because of the passage of Proposition 8. The arguments in the state Supreme Court do not address the status of the estimated 18,000 same-sex couples who have married in recent months, a separate legal question that is expected to surface in other court cases.
Attorney General Jerry Brown has said he will defend those existing marriages, but Proposition 8 supporters question the validity of such unions because the ballot measure bars legal recognition of gay marriages. Most legal experts say courts frown on taking away established rights, but Loyola law Professor Jennifer Rothman noted that it would create a “bizarre world” in California with some gay couples married and others deprived of the future right to tie the knot under Proposition 8….
A day after California voters approved a state constitutional ban on same-sex marriage, the incendiary issue returned to the state Supreme Court, where gay and lesbian couples and the city of San Francisco filed lawsuits Wednesday seeking to overturn Proposition 8.
And Attorney General Jerry Brown, who represents the state in court, said he would defend the legality of the thousands of same-sex marriages conducted in the 5 1/2 months leading up to election day — even though sponsors of Prop. 8 say the measure was intended to invalidate those marriages. That controversy is also likely to end up before California’s high court and could reach the U.S. Supreme Court….
…But as Mr. Obama’s victory showed, the path to change is arduous. Even as the nation shattered one barrier of intolerance, we were disappointed that voters in four states chose to reinforce another. Ballot measures were approved in Arkansas, Arizona, Florida and California that discriminate against couples of the same sex.
We do not view these results as reason for despair. Struggles over civil rights never follow a straight trajectory, and the ugly outcome of these ballot fights should not obscure the building momentum for full equality for gay people, including acceptance of marriage between gay men and women. But the votes remind us of how much remains to be done before this bigotry is finally erased….
The most notable defeat for fairness was in California, where right-wing forces led by the Mormon Church poured tens of millions of dollars into the campaign for Proposition 8 — a measure to enshrine bigotry in the state’s Constitution by preventing people of the same sex from marrying….
Far from showing that California’s Supreme Court was wrong to extend the right of marriage to gay people, the passage of Proposition 8 is a reminder of the crucial role that the courts play in protecting vulnerable groups from unfair treatment.
Apart from creating legal uncertainty about the thousands of same-sex marriages that have been performed in California and giving rise to lawsuits challenging whether the rules governing ballot measures were properly followed, the immediate impact of Tuesday’s rights-shredding exercise is to underscore the danger of allowing the ballot box to be used to take away people’s fundamental rights.
Bills that would legalize same-sex marriage are expected to be taken up by law makers in five states when the new sessions of the legislatures begin. In three of the states — New York, New Jersey and New Hampshire — LGBT rights groups say there is a strong indication they will be passed….
Arizona has been a disappointment to anti-gay marriage activists since 2006, when the state became the first in the nation to reject a ballot measure banning same-sex marriage. Those same opponents are hoping for redemption Tuesday, when Arizona voters again will have to decide whether they want the state’s constitution to be amended to define marriage as a union between one man and one woman…
According to the No On 8 campaign, President Clinton delivers the following message regarding the unfairness of Proposition 8 in a telephone call to California voters:
“This is Bill Clinton calling to ask you to vote NO on Proposition 8 on Tuesday, November 4th. Proposition 8 would use state law to single out one group of Californians to be treated differently — discriminating against members of our family, our friends and our co-workers.
“If I know one thing about California, I know that is not what you’re about. That is not what America is about. Please vote NO on 8. It’s unfair and it’s wrong. Thank you.”
The call from President Clinton has gone to millions of registered California voters.
In an interview to be aired on Monday on MTV, Democratic presidential nominee Barack Obama states his views about Proposition 8.
"I think it’s unnecessary," Obama told Sway, in response to a question sent in by Gangstagigz from San Leandro, California. "I believe marriage is between a man and a woman. I am not in favor of gay marriage. But when you start playing around with constitutions, just to prohibit somebody who cares about another person, it just seems to me that’s not what America’s about. Usually, our constitutions expand liberties, they don’t contract them."
Led by San Diego Mayor Jerry Sanders, an estimated 6,000 people took to the streets of Hillcrest Saturday night urging people to vote no on Proposition 8.
The all day push against prop 8 began with a morning church service. Opponents packed St. Paul’s Episcopal Church Saturday morning. Dozens of clergy members from a variety of religions, races, and backgrounds say they’re urging people to vote on the side of love….
When Californians vote on Proposition 8, they’ll decide whether same-sex partners’ right to marry will still exist as of 12:01 a.m. Wednesday. What’s less clear is the impact on as many as 16,000 gay and lesbian couples who have wed since June.
Some legal commentators say Prop. 8, if passed Tuesday, would retroactively invalidate all same-sex marriages performed in the state since a state Supreme Court ruling legalizing such weddings took effect. Others say the court established rights that can’t be taken away, even if the law changes….
…As a Christian — he is a member of the United Church of Christ — Mr. Obama believes that marriage is a sacred union, a blessing from God, and one that is intended for a man and a woman exclusively, according to these supporters and Obama campaign advisers….
Senator John McCain also opposes same-sex marriage, but unlike Mr. Obama’s, his position is influenced by generational and cultural experiences rather than a religious conviction, McCain advisers say.
But Mr. McCain, reflecting his strongly held views on federalism, has also broken with many Republican senators and joined Mr. Obama and most Democrats to oppose amending the United States Constitution to ban same-sex marriage, arguing that the issue should be left to the states to decide….
The candidates have very different positions, though, when it comes to the state level. Mr. Obama opposes amending state constitutions to define marriage as a heterosexual institution, describing such proposals as discriminatory. Mr. McCain, however, has been active in such efforts: On the most expensive and heated battle to ban same-sex marriage this year, a proposed constitutional amendment in California known as Proposition 8, he has endorsed the measure and sharply criticized a State Supreme Court ruling that granted same-sex couples the right to marry….
San Diego Mayor Jerry Sanders will be at a candlelight rally Saturday night to support same-sex marriage rights, three days before the state votes whether to end those rights through Proposition 8.
Sanders has said little on the issue since his September 2007 reversal on same-sex marriage, when he said he could not deny his lesbian daughter that right.
But he and his daughter, Lisa, are featured in the Nov. 4 issue of The Advocate, and his office confirmed he will attend the rally….
According to the No On 8 Campaign, proponents of Prop. 8 have sent a mailer to millions of California voters claiming that Senator Obama supports Prop 8.
In response, No On 8 has released a new TV and radio ad highlighting Senator Obama’s firm opposition to Prop 8. It also echoes the chorus of opposition from California’s leaders — Governor Schwarzenegger, the California Teachers Association, Senator Feinstein and more.
The No On 8 campaign is also making targeted automated calls to millions of voters, featuring the voice of NBA legend Earvin “Magic” Johnson asking them to join him and Barack Obama in opposing Prop 8.