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Analysis of California's Ban on Same-Sex Marriage - Proposition 8

 

            There are several unique legal factors present in the progression of the landmark .
             ruling in the case of Perez versus Sharp (1948) and the creation of Proposition 8 .
             on the California ballot in 2008. Complicating this progression is the unique role .
             of San Francisco's city government which overruled the findings of federal courts .
             and allowed same-sex marriage in their city (Barron, 2218). As a result, there .
             continues to be an influx of homosexual and lesbian couples to San Francisco to .
             become legally married and then carry this status back to their individual states. .
             They are doing this to be able to provide health care and other benefits typically .
             given only to married couples. The argument that gay or lesbian partners are in .
             fact a couple is the at the center of this debate from a philosophical and religious .
             standpoint. .
             As a result, Proposition 8 was the most hotly contested and divisive political .
             issue on the California ballot in 2008, with each side spending nearly $74M to .
             further promote their side of the argument and seek to win over cross-over voters .
             who had not decided. The contention on those looking to ban same-sex marriage .
             is that a marriage should be between a man and a woman. This was specifically .
             supported by opponents to same-sex marriage realizing that many of the .
             educational texts would be rewritten to show the political correctness of having .
             gay or lesbian parents. This single tactic of showing how same-sex marriages .
             would impact the overall educational process and content for children further .
             intensified the efforts of the attorneys and legislators in the side of allowing for .
             same-sex marriage to continue to show that in fact this would not be the case. .
             Charging that the contention of educational content being completely re-written to .
             sanction and as critics complained, promote same-sex marriage as approved in .
             elementary school text books, those in favor of same-sex marriage looking to .


Essays Related to Analysis of California's Ban on Same-Sex Marriage - Proposition 8

1. California's ban on same-sex marriage

California voter's fought and won a constitutional ban that will prohibit marriage between two people of the same sex. After a $75 million campaign, voters decided the outcome of Proposition 8, dealing a blow to the gay and lesbian right's of men and women throughout the state of California. ... However, Proposition 8 did pass in California, with a passing vote of 52% to 48%. The African-American voters also played a big role with the outcome of Proposition 8, especially as the presidential campaign of Barrack Obama was ongoing. ... The Attorney General of California, Jerry B...

  • Word Count: 382
  • Approx Pages: 2
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2. Gay Marriage and the Constitution

The first argument against same sex marriage is often made from the religious standpoint. ... Then there is the issue of California's Proposition 8, which pertains to the 10th amendment of the United States Constitution (ratified on December 15, 1791), "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. ... Virginia which struck down Virginia's interracial marriage ban but the Minnesota Supreme Court famed Loving, concluding "in commonsense and in a constitutional sense, ...

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3. Analysis of the Pros and Cons of Gay Marriage

The greatest legal advantage to gay marriages are primarily in the states of Hawaii, Maine, New Jersey and California, where couples can specifically define the most critical decisions in any married couples' life. ... This became a much debated topic during the Fall of 2008 in California as the state debates Proposition 8, which sought constitutional support for gay marriages to be recognized as the same as heterosexual ones. Ultimately the ban on gay marriages in California was passed, which was a major setback for gay rights activities in the state. Yet San Francisco, Ca...

  • Word Count: 914
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4. Love, Marriage and Gay Rights

Opponents are pushing back hard to make sure that doesn't happen, even as they express confidence that the nation's high court will rule in their favor when it weighs in on the Defense of Marriage Act and California's Proposition 8. ... They could rule that every American is entitled to the right to same-sex marriage or they could allow states to keep bans on gay marriage or they could do something in between. ... " In Illinois, a Senate Committee voted 8-5 late Thursday for a gay-marriage bill, but then delayed a full-floor vote. ... A total of 38 states have either a sta...

  • Word Count: 1098
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5. Proposition 21

There are about 100,000 juvenile offenders annually who are on probation in California. ... Need For Proposition 21 Based on Extreme Crimes Over the past few decades, violence has been a serious problem in the United States, and has swamped heavily populated states like California. ... California has passed this initiative to try to deter crime. ... It actually cost more to house a person in CYA (California Youth Authority) than in CDC (California Department of Corrections) (Jones 45-46). ... The largest single category for a third strike is burglary (Legislative 8). ...

  • Word Count: 1985
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  • Grade Level: High School

6. Proposition 54

Proposition 54 Ward Connerly, a leader in the passage of Proposition 209 to end affirmative action, now has gathered enough signatures to put another proposition on the October recall ballot. ... CRECNO amends the California Constitution to ban the state or local government from categorizing individuals by race, ethnicity, or national origin for any reason. ... In addition, it would have a major impact on state sectors such as, healthcare, education and housing There is a rebuttal to why Proposition 54 might actually help Californians. ... The number of applicants to the University of Ca...

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7. Should Banning Same-Sex Marriages be in the US Constitution

This debate has gone so far that there is talk of banning it in the Constitution of the United States of America. ... These opening remarks to President Bush's open support for a constitutional amendment banning same-sex marriages has facilitated support to ban homosexual marriages. Bush wants to stop "activist courts" from changing the definition of the "most enduring human institution" and to end "confusion on an issue that requires clarity ," referring directly to courts in Massachusetts and California, where the courts ruled in favor of a homosexual couple's right to marry. ...

  • Word Count: 1218
  • Approx Pages: 5
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  • Grade Level: Undergraduate

8. The Negative Side To Legalization Of Same Sex Marriages

Proposition #69 cannot solve the problem due to laws already proposed to Congress. ... DOMA is already in effect in 34 states, thus the country is already 75% of the way towards a national ban. ... Proposition #69 will not create the advantages it claims. ... Due to Non-Vermont couples turning to the courts in their own state's ban on same-sex marriages. ... Proposition #69 just cannot be accepted by the United States government and its religious institutions....

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9. Gay Marriage - Love and Law

However, many people find the ban on same-sex marriage unconstitutional and argue that marriage is a civil right which all Americans are entitled ("Same-Sex Marriage: Overview"). ... Voters in 26 states, which all together represent about 43 percent of the U.S. population, have approved constitutional amendments banning marriage for same-sex couples - many of which also ban other same-sex recognition such as domestic partnerships and civil unions (Jost). ... In 2009, The District of Columbia City Council approved the legislation allowing same-sex couples the right to marry, Vermont legalized s...

  • Word Count: 2296
  • Approx Pages: 9
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